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FARNSWORTH v. UTAH STATE TEACHERS' RETIREMENT BOARD

No. 7836.

122 Utah 441 (1952)

250 P.2d 943

FARNSWORTH et al. v. UTAH STATE TEACHERS' RETIREMENT BOARD et al.

Supreme Court of Utah.

Decided December 12, 1952.

Attorney(s) appearing for the Case

Clinton D. Vernon, Atty. Gen., Quentin L.R. Alston, Asst. Atty. Gen., for appellants.

Walter G. Mann, Brigham City, for respondents.

HENRIOD, Justice.

Appeal from a writ of mandate ordering defendants to pay retirement benefits to plaintiffs. Affirmed, with costs on appeal to plaintiffs.

Plaintiffs were long-time, non-teaching bus drivers employed under contract with Box Elder School District to transport pupils. They were on call between 8 a.m. and 5 p.m., and received a monthly wage. Prior to 1945 they were ineligible for retirement, but the plan was made available

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