Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

AKINS v. YORK OFFICERS' AND EMPLOYEES' RETIREMENT BOARD (06/27/51)

THE SUPREME COURT OF PENNSYLVANIA


June 27, 1951

AKINS, APPELLANT,
v.
YORK OFFICERS' AND EMPLOYEES' RETIREMENT BOARD

Appeal, No. 25, May T., 1951, from judgment of Court of Common Pleas of York County, April T., 1949, No. 265, in case of Earl Akins v. City of York and Officers' & Employees' Retirement Board. Judgment affirmed.

COUNSEL

Henry B. Leader, with him McClean Stock, for appellant.

Herbert B. Cohen, with him John W. Heller, 3rd, for appellees.

Before Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.

Author: Jones

[ 368 Pa. Page 183]

OPINION BY MR. JUSTICE JONES

The question involved on this appeal is the same as in the case of Altieri v. Allentown Officers' and Employees' Retirement Board, p. 176 ante. The result in the lower court in the instant case is opposite to that reached in the Altieri case. In this case the learned court below sustained the defendant board's contention that Section 4(b) of the Third Class City Employees Retirement Law of May 23, 1945, P.L. 903, violates Sections 11 and 18 of Article III of the Pennsylvania Constitution and, accordingly, entered judgment for the board. The plaintiff-employee thereupon brought this appeal. As we pointed out in the Altieri case, supra, the constitutional questions need not be considered in view of the fact that Section 4(b) is deficient and unenforceable. For the reasons set forth in the Altieri case, we approve the judgment entered in the instant case.

Judgment affirmed.

Disposition

Judgment affirmed.

19510627

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.