MATTILL v. PUBLIC EMPLOYEES RETIREMENT BOARD

No. 38,227.

261 Minn. 371 (1961)

112 N.W. (2d) 800

BARBARA A. MATTILL, EXECUTRIX OF ESTATE OF NORA A. MATTILL, v. PUBLIC EMPLOYEES RETIREMENT BOARD OF THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.

Supreme Court of Minnesota.

December 22, 1961.


Attorney(s) appearing for the Case

Walter F. Mondale, Attorney General, and William M. Serbine, Special Assistant Attorney General, for appellant.

Carroll & Perbix, for respondent.


KNUTSON, JUSTICE.

This action was commenced for a declaratory judgment to determine the survival benefits of plaintiff as the surviving spouse of Peter M. Mattill under Minn. St. 1957, c. 353. Since the trial of the action and the perfection of the appeal to this court, plaintiff died, and the executrix of her estate has been substituted as plaintiff-respondent.

The case was tried by the court without a jury. The trial judge found in favor of plaintiff, and...

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