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CITY OF NORFOLK v. KEY.

66 S.E.2d 479 (1951)

192 Va. 694

CITY OF NORFOLK v. KEY.

Supreme Court of Appeals of Virginia.

September 5, 1951.

Attorney(s) appearing for the Case

Jonahan W. Old, Jr., Norfolk, for appellant.

Ashburn, Agelasto & Sellers, Norfolk, for appellee.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

SPRATLEY, Justice.

This appeal involves a proper interpretation of section 40, Article II of chapter 3 of the Norfolk City Code of 1944, relating to the employees' retirement system of that city, as applied to an agreed statement of facts. The ordinance of which this section is a part became effective January 1, 1942, and it is provided that its provisions shall supersede any existing pension fund or similar plan, and that no

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