California Court of Appeal August 7, 1968, Civ. 31560 (Phillis v. City of Santa Barbara)

FILES, P. J.

This is an action commenced in 1962 by J. D. Phillis, a former fireman of the City of Santa Barbara, and Justin J. O ’Brien, a former policeman of that city, to recover retirement benefits. In a separate cause of action O’Brien seeks a return of the money deducted from his salary for the pension fund. The defendants will be referred to collectively as the city.