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STITH v. CIVIL SERVICE COM'N OF DES MOINES

No. 52944.

159 N.W.2d 806 (1968)

Lloyd I. STITH, Appellant, v. CIVIL SERVICE COMMISSION OF the CITY OF DES MOINES, Iowa, Wilton M. Seymour, Chairman and Member of the aforesaid Civil Service Commission; Richard L. Hankinson, as a Member of the aforesaid Civil Service Commission; M. B. Cunningham, as a Member of the aforesaid Civil Service Commission, Appellees.

Supreme Court of Iowa.

June 11, 1968.

Attorney(s) appearing for the Case

Gill & Huscher, by Gary S. Gill, Des Moines, for appellant.

Philip T. Riley and Gary H. Swanson, Des Moines, for appellees.

SNELL, Justice.

The immediate problem before us is one of procedure and the limitations on relief by mandamus. In the background and the original cause of dispute are two separate chapters in our Code. Section 97B.45 the retirement provision under the Iowa Public Employees' Retirement System, commonly called I.P.E.R.S., provides for mandatory retirement at age 70 except under conditions not appearing here. Chapter 365 relates to Civil Service employees in cities and...

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