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LOTH v. CITY OF MILWAUKEE

No. 2007AP587.

745 N.W.2d 693 (2007)

2008 WI App 12

Albert LOTH, Plaintiff-Appellant, v. CITY OF MILWAUKEE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 27, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James W. Greer of Whyte Hirschboeck Dudek S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Alan M. Levy of Lindner & Marsack, S.C. of Milwaukee.

Before CURLEY, P.J., FINE and KESSLER, D.

¶ 1 KESSLER, J.

Albert Loth appeals from the circuit court order granting the City of Milwaukee summary judgment, dismissing his complaint, and denying his motion for summary judgment declaring the City had breached its contract with him when it adopted a resolution reducing the retirement benefits to which he would have been entitled at retirement under the earlier resolution. We conclude that the circuit court did not correctly apply controlling legal precedent...

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