Legal Opinion · Concurrence

Costello v. Town of Fairfield

Court of Appeals for the Second Circuit

Decided February 12, 1987No. Nos. 392, 393, Dockets 86-7632, 86-7654Published

1ConcurrenceVan Graafeiland, Circuit Judge

I concur in the result reached by my colleagues. However, I do so by a slightly different line of reasoning.

At the outset, it must be noted that appellants do not rely solely on alleged breach of contract in their claim against the Town. Appellants also make a separate and distinct claim that the Town calculated their pension without giving them “adequate notice, and an opportunity to be heard, at a meaningful time and in a meaningful manner.” Appellants consistently have taken the position that the grievance procedure provided in their collective bargaining agreement failed to afford them…

2Cases cited20 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

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