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TOWNSHIP OF ROSS v. McDONALD ET AL.

No. 2577 C.D. 1979.

60 Pa.Commw. 306 (1981)

Township of Ross v. Harry E. McDonald, Ralph Anderson and Park W. Brandt.Ethel Anderson, Widow of Ralph Anderson, Appellant.

Commonwealth Court of Pennsylvania.

July 1, 1981.

Attorney(s) appearing for the Case

Michael A. Donadee, for appellant, Ethel Anderson, widow of Ralph Anderson.

Fred E. Baxter, Jr., for appellant, Harry E. McDonald.

Richard D. Klaber, Dickie, McCamey & Chilcote, for appellant, Paul W. Brandt.

John M. Means, Markel, Schafer & Means, for appellee.

Argued November 19, 1980, before Judges BLATT, CRAIG and MacPHAIL. Reargued May 5, 1981, before President Judge CRUMLISH and Judges MENCER, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and PALLADINO. Judge ROGERS did not participate.

OPINION BY JUDGE MacPHAIL, July 1, 1981:

This is an appeal from an order of the Court of Common Pleas of Allegheny County entered in a declaratory judgment action brought by the Township of Ross (Township) against Harry E. McDonald, Ralph Anderson (Appellant) and Paul W. Brandt.1

The Township Board of Commissioners (Board) established a pension plan for employees of the Township on November 11, 1957. The plan specifically excluded...

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