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LUGAR v. STATE EX REL. LEE

No. 2-675A145.

374 N.E.2d 1159 (1978)

Richard G. LUGAR, Mayor of the City of Indianapolis, Winston Churchill, Chief of the Indianapolis Police Department, Lawrence L. Buell, Treasurer of Marion County, Indiana, Winston Churchill, President, James Langsford, Secretary and Michael T. Sergi, Judith Callahan, Earl Booth, Joseph Klein and John Hartnet, All As Members of the Board of Trustees of the Police Pension Fund of the City of Indianapolis, Indiana, Appellants (Defendants below), v. STATE of Indiana ex rel. George C. Lee and Charles L. Cline, Individually and As Representing a Class of Others Similarly Situated, Others Being Too Numerous to Mention, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied May 9, 1978.

Attorney(s) appearing for the Case

David R. Frick, Corp. Counsel, William L. Soards, Soards & Carroll, Indianapolis, for appellants.

John C. Ruckelshaus, Paul G. Roland, Rex P. Killian, Ruckelshaus, Bobbitt & O'Connor, Indianapolis, for appellees.

SULLIVAN, Judge.

This suit was brought by representatives of a class comprised of former members of the Indianapolis Police Department, either retired or disabled, and the widows and next of kin of former policemen all of whom are entitled to benefits from the Policemen's Pension Fund pursuant to I.C. 19-1-18-13 (Burns Code Ed. 1974). Their complaint for mandate sought an order from the trial court directing the Trustees of the Fund to include, in the computation...

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