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ENGEN v. JAMES

No. 10222.

448 P.2d 977 (1969)

92 Idaho 690

Arnold C. ENGEN, Sr., Plaintiff-Respondent, v. Elmer E. JAMES, Chairman, Robert Nuttleman, Robert Thom, Delbert Breithaupt, Ivan Hanson, Elton Gittel, A.V. Hippler, Howard Hudson, John McHugh, Ernest Hurrell, Reine Schmidt, and Mayor Lawrence Gardner, ex-officio Chairman, all constituting the Board of Police Retirement Fund Commissioners, Defendants-Appellants.

Supreme Court of Idaho.

January 6, 1969.

Attorney(s) appearing for the Case

E.T. Knudson, Coeur d'Alene, for appellants.

Charles H. Kimball, Coeur d'Alene, for appellee.

SMITH, Chief Justice.

The facts are stipulated. In 1952 the city of Coeur d'Alene established a "Policeman's Retirement Fund" in accordance with the provisions of Idaho Code, Title 50, chap. 15. Appellants constitute the board of police retirement fund commissioners of Coeur d'Alene, hereinafter sometimes designated as the board.

July 18, 1941, respondent was appointed a policeman by the city of Coeur d'Alene. He remained on the payroll of the police department...

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