Board of Trustees of Policemen's & Firemen's Retirement Fund v. Nuckolls

CATINNA, Commissioner.

The Board of Trustees of Policemen’s & Firemen’s Retirement Fund of the City of Lexington, Kentucky, and the individuals constituting its membership appeal from a judgment of the Fayette Circuit Court denying the Board relief under a CR 60.02 proceeding from a judgment of April 30, 1970, awarding Aubrey Nuckolls certain pension privileges.

The Board, in seeking relief from the judgment of April 30, 1970, stated in its CR 60.02 motion that it had been obtained by “fraud affecting the proceedings, * * CR 60.02(4) ; the judgment was void, CR 60.02(5) ; and the judgment was…