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BENSON v. CITY OF SHERIDAN, ETC.

No. 72-069.

506 P.2d 401 (1972)

L. Keith BENSON et al., Plaintiffs-Appellants, v. CITY OF SHERIDAN, Colorado, a Municipal corporation Acting By and Through the BOARD OF TRUSTEES OF the POLICE PENSION BOARD of the City of Sheridan and Duke W. Dunbar as Attorney General of the State of Colorado, Defendants-Appellees. Thomas W. METZLER et al., Plaintiffs-Appellants, v. CITY OF LITTLETON, Colorado, a Municipal corporation Acting By and Through the BOARD OF TRUSTEES OF the POLICE PENSION BOARD of the City of Littleton and Duke W. Dunbar as Attorney General of the State of Colorado, Defendants-Appellees. Raymond J. PETERSON et al., Plaintiffs-Appellants, v. CITY OF CHERRY HILLS VILLAGE, a Municipal corporation Acting By and Through the BOARD OF TRUSTEES OF the POLICE PENSION BOARD of the City of Cherry Hills Village and Duke W. Dunbar as Attorney General of the State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 9, 1973.

Attorney(s) appearing for the Case

Martin P. Miller and James J. Moran, Littleton, for plaintiffs-appellants.

Hemminger, McKendree, Vamos & Elliott, P. C., Gary H. Hemminger, Denver, for defendant-appellee City of Sheridan.

Alan L. Sternberg, Littleton, for defendant-appellee City of Littleton.

Van Cise, Freeman, Tooley & McClearn, Hugh J. McClearn, Denver, for defendant-appellee City of Cherry Hills Village.

Selected for Official Publication.

COYTE, Judge.

The plaintiffs, former police officers for the various defendant municipalities, sought a declaratory judgment as to the rights of former police officers of the municipalities who contributed from their salries to the police pension funds pursuant to C.R.S.1963, 139-49-21, and requested return of their contributions. The cases, brought as class actions, were consolidated and submitted to the trial court on agreed...

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