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District Court of Appeal, Second District, Division 1, California.

Heber A. SKAGGS, Plaintiff and Appellant, v. CITY OF LOS ANGELES, a Municipal Corporation; Board of Pension Commissioners of the City of Los Angeles, California, Defendants and Respondents.

Civ. 21121.

Decided: January 30, 1956

Morris Lavine, Los Angeles, for appellant. Roger Arnebergh, City Atty., Los Angeles, for respondent.

The respondents in their petition for rehearing assert that the opinion heretofore rendered orders the trial court to award plaintiff and appellant interest beyond that awarded by the judgment which was affirmed by the decision of the Supreme Court upon the first appeal. We believe they are correct in this contention, and the opinion heretofore rendered is corrected by deleting therefrom the final paragraph and substituting in place of the paragraph deleted the following:

The judgment is therefore reversed, with directions to the trial court to issue its writ of mandate compelling the city to pay to the plaintiff the pensions which accrued between the 9th day of July, 1945, and the 16th day of August, 1950, without interest, and the pensions which have accrued since the 16th day of August, 1950, plus interest at 7 per cent per annum on that part of the pensions accruing since August 6, 1950, which would be represented by a monthly pension installment of $117.18.

The petition for rehearing is denied.


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