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GARY v. BOARD OF TRUSTEES

[No. 51, September Term, 1960.]

223 Md. 446 (1960)

165 A.2d 475

GARY v. BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF MARYLAND

Court of Appeals of Maryland.

Decided November 11, 1960.

Attorney(s) appearing for the Case

Melvin J. Sykes, for appellant.

Mary Arabian, Assistant Attorney General, with whom was C. Ferdinand Sybert, Attorney General, on the brief, for appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

HAMMOND, J., delivered the opinion of the Court.

Benjamin Gary, the appellant, served as deputy State auditor from 1951 to January 1959 and by virtue of his position was a member of the Employees' Retirement System. Just before he was to leave State service, he applied for continuation of his membership in the retirement system, relying on Code (1957), Art. 73B, Sec. 4, which provides that any member of the retirement system who is "currently a member by virtue of...

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