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AKINS v. YORK RETIREMENT BOARD

368 Pa. 182 (1951)

Akins, Appellant, v. York Officers' and Employees' Retirement Board.

Supreme Court of Pennsylvania.

June 27, 1951.

Attorney(s) appearing for the Case

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.

OPINION BY MR. JUSTICE JONES, June 27, 1951:

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...

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