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L. 302, I. A. OF F. F. v. CITY OF ALLENTOWN.

No. 1531 C.D. 1977.

55 Pa.Commw. 599 (1980)

Local 302, International Association of Fire Fighters et al., Petitioners v. The City of Allentown et al., Respondents.

Commonwealth Court of Pennsylvania.

December 29, 1980.

Attorney(s) appearing for the Case

Stephen C. Richman, with him Andrew L. Markowitz and Quintes D. Taglioli, Markowitz & Richman, for petitioners

Jack I. Kaufman, Assistant City Solicitor, for respondent, City of Allentown.

Thomas J. Mangan, Jr., Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondent, Pennsylvania Municipal Retirement Board.

Argued October 7, 1980, before President Judge CRUMLISH and Judges MENCER, ROGERS, MacPHAIL and PALLADINO. Judges WILKINSON, JR., BLATT, CRAIG and WILLIAMS, JR. did not participate.

OPINION BY JUDGE MacPHAIL, December 29, 1980:

We have before us for disposition cross motions for summary judgment in an action filed by Local 302, International Association of Fire Fighters, AFL-CIO (Union) and three individuals (Petitioners) against the City of Allentown (City) and the Pennsylvania Municipal Retirement Board et al. (Board).

The critical facts in this case are not in dispute. On May 25, 1969, the City adopted Ordinance No. 11576 which established...

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