GARDNER v. COUNTY OF ITASCA

No. 40575.

157 N.W.2d 753 (1968)

John W. GARDNER, Appellant, v. COUNTY OF ITASCA, Minnesota, and Richard J. Whaling, Respondents.

Supreme Court of Minnesota.

March 29, 1968.


Attorney(s) appearing for the Case

Spellacy, Spellacy & Lano, Grand Rapids, for appellant.

Douglas M. Head, Atty. Gen., David C. Weinberg, Spec. Asst. Atty. Gen., St. Paul, for respondents.


OPINION

OTIS, Justice.

This is an action which challenges the constitutionality of Minn.St. 490.12, subd. 5, under which plaintiff's retirement compensation as a probate judge has been reduced by the amounts he is receiving as a member of the Public Employees Retirement Association. Plaintiff appeals from a summary judgment rendered in favor of defendants.

The parties have stipulated to the facts. Plaintiff took office as a probate judge of Itasca...

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