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STATE v. HILL

No. 10481.

381 P.2d 475 (1963)

STATE of Montana, ex rel. Shields B. SANDERS, Relator and Respondent, v. Fred L. HILL, Mrs. Elmer Schye, Donald J. Skerritt, Malcolm W. Bowden, Hubert G. White, and the Board of Administration of the Public Employees Retirement System of the State of Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided April 9, 1963.

Rehearing denied May 24, 1963.

Attorney(s) appearing for the Case

Michael J. Hughes, Helena, William R. Taylor, Deer Lodge, argued orally, for appellants.

Skedd, Harris & Massman, Helena, Hollis Gay Connors, Hubert J. Massman, Helena, argued orally for respondent.

JAMES T. HARRISON, Chief Justice.

Appeal by the Board of Administration of the Public Employees' Retirement System of the State of Montana, hereinafter referred to as the Board, from a judgment ordering issuance of a peremptory writ of mandate entered in the district court of Lewis and Clark County.

Relator, Shields B. Sanders, was employed by the Montana State Highway Commission as a construction engineer. He suffered a myocardial infarction in January of...

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