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LEROY S. FREDERICK v. CITY BUTLER (06/22/77)

decided: June 22, 1977.

LEROY S. FREDERICK, CHARLES J. MILLER, J. WALTER HARMON, PETER L. SCOUTEGUAZZA, ARTHUR TAYLOR, C. LEO BURGESS, ANTHONY GRAHAM, KATHERYN PRICE AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS
v.
THE CITY OF BUTLER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Butler County in case of Leroy S. Frederick, Charles J. Miller, J. Walter Harmon, Peter L. Scouteguazza, Arthur Taylor, C. Leo Burgess, Anthony Graham, Katheryn Price and all others similarly situated v. The City of Butler, No. 75-145.

COUNSEL

Lee C. McCandless, with him McCandless, Krizner & Kemper, for appellants.

Martin J. O'Brien, for appellee.

Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 30 Pa. Commw. Page 626]

Certain retired policemen of the City of Butler and the widow of a pensioned policeman filed an action in equity in the Court of Common Pleas of Butler County, seeking a reformation of the pension agreement between the City of Butler and retired policemen and also for specific performance of the agreement, to the end that all retired policemen receive increase of allowances from the police pension fund, as permitted by Section 4303.1 of The Third Class City Code,*fn1 which reads as follows:

Any city may, at any time, at its discretion, upon the recommendation of the persons having custody and management of the police pension fund, increase the allowances of persons receiving allowances of any kind from the police pension fund by reason of and after the termination of the services of any member of said fund. Such increases shall be in conformity with a uniform scale, which may be based on the cost of living, but the total of any such allowances shall not at any time exceed one-half of the current salary being paid patrolmen of the highest pay grade.

[ 30 Pa. Commw. Page 627]

The City of Butler responded to the complaint in equity by filing preliminary objections under the following five separate headings:

1. Jurisdiction Over the Subject Matter

2. Motion for More Specific Pleading

3. Demurrer

4. Non-joinder of Necessary ...


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