CLEVELAND PUBLIC LIBRARY v. PUBLIC EMPLOYEES, 169 Ohio St. 324 (1959)

159 N.E.2d 359

CLEVELAND PUBLIC LIBRARY, APPELLEE v. PUBLIC EMPLOYEES RETIREMENT BOARD ET AL., APPELLANTS; CUTLER ET AL., APPELLEES.

No. 36028Supreme Court of Ohio.
Decided June 3, 1959.

Supreme Court — Dismissal — No debatable constitutional question involved — Declaratory judgment action — Public Employees Retirement System — Membership — Status of Cleveland Public Library employees — Section 3375.411, Revised Code — Constitutionality — Library-operated retirement systems — Sections 16, 26 and 28, Article II, Constitution — Uniform operation of laws — Retroactive laws prohibited.

APPEAL from the Court of Appeals for Cuyahoga County.

Messrs. Arter, Hadden, Wykoff Van Duzer, Mr. Thomas V. Koykka and Mr. William S. Burton, for appellee Cleveland Public Library.

Mr. Mark McElroy, attorney general, Mr. Walter M. Shea and Mr. Paul Thomas Key, for appellants.

The appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, BELL and PECK, JJ., concur.

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