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STATE v. McCARTY

No. 8149.

279 P.2d 879 (1955)

The STATE of Idaho, on Relation of N. P. NIELSON, Auditor of State of Idaho, Plaintiff-Respondent, v. Leo J. McCARTY, Defendant-Appellant.

Supreme Court of Idaho.

January 26, 1955.

Attorney(s) appearing for the Case

Cox, Ware & Stellmon and Paul W. Hyatt, Lewiston, for appellant.

Robert E. Smylie, Atty. Gen., Robert Hodge, Asst. Atty. Gen., and J. Ray Durtschi, Asst. Atty. Gen., for respondent.

KEETON, Justice.

This appeal presents for determination a construction of the Judges' Retirement Compensation Law, Sections 1-2001 to 1-2007, I.C., and the amount of retirement compensation to be paid appellant. The facts necessary for a decision are as follows:

Appellant was appointed and served as a district judge from November 16, 1948, to December 31, 1950. Because of his age (seventy years) he was ineligible for re-election. On retirement from office...

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