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STATE v. SCHYE

No. 9714.

305 P.2d 350 (1956)

The STATE of Montana, ex rel. Walter EBEL, Relator and Respondent, v. Mrs. Elmer SCHYE, et al., and The Board of Administration of the Public Employees' Retirement System of the State of Montana, Appellants.

Supreme Court of Montana.

Decided December 19, 1956.

Rehearing Denied January 4, 1957.

Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, argued for appellant.

Skedd, Harris & Mufich, Helena, for respondent. LaVerne V. Harris, Helena, argued orally.

ADAIR, Chief Justice.

This is an appeal from a judgment entered in the district court of Lewis and Clark County, directing the issuance of a peremptory writ of mandate against the Board of Administration of the Ppblic Employees' Retirement System of the State of Montana and its members.

The proceedings were brought by Walter Ebel, the relator, under the Public Employees' Retirement Act, R.C.M. 1947, Title 68, section 68-101 to 68-1320.

The district...

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