Atkinson v. Wittler

ROONEY, Justice.

This appeal is from an order of the district court granting appellees’ motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Two eases had been consolidated in the district court for a determination of a common legal issue of whether or not former firemen who had served in that capacity for less than five years were entitled to a refund of their compulsory contributions to the firemen’s pension fund. One of the consolidated cases was a class-action case initiated in that court, and the other was an administrative appeal. The order…