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NEWHOUSE ET AL. v. BOARD OF PENSIONS ET AL.

No. 1771 C.D. 1976.

33 Pa.Commw. 81 (1977)

Joseph H. Newhouse, Harry J. Foster and Mary H. Varallo, Individually and on behalf of themselves and all other Court Stenographers similarly situated v. Board of Pensions and Retirement of the City of Philadelphia and The City of Philadelphia. Board of Pensions and Retirement of The City of Philadelphia and The City of Philadelphia, Appellants.

Commonwealth Court of Pennsylvania.

December 20, 1977.

Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Sheldon L. Albert, City Solicitor, for appellants.

Steven E. Angstreich, with him Krimsky, Luterman, Stein & Levy, P.C., for appellees.

Argued October 5, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS and BLATT.

OPINION BY JUDGE BLATT, December 20, 1977:

This is an appeal by the Board of Pensions and Retirement of the City of Philadelphia and the City of Philadelphia (Appellants) from an adverse decision by the Court of Common Pleas of Philadelphia County.

In September of 1968, the Appellees, Joseph H. Newhouse, Harry J. Foster, and Vincent Varallo (now deceased), commenced a class action in mandamus to compel the City of Philadelphia to compute the pensions of Official...

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