Nichols v. City of Eveleth

Losing, Justice.

Plaintiff brought suit to recover his April, 1938, salary as a policeman in the defendant city. March 14, 1938, by a resolution of the police civil service commission of the city acting under L. 1935, c. 170 (3 Mason Minn. St. 1938 Supp. § 1828-16%, et seq.), the plaintiff and four other policemen had been retired from active service to the pension roll, effective April 1, 1938. The plaintiff did not desire to accept retirement and sought recovery for his full salary upon the active list. The trial court found that c. 170 was unconstitutional on the ground that classification…