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STATE EX REL. BAILEY v. GRANDE

No. 11710.

465 P.2d 334 (1970)

The STATE of Montana, ex rel., Robert J. BAILEY, Plaintiff and Respondent, v. A. C. GRANDE, Jr., Fred L. Hill, Jack D. Shanstrom, Mons L. Teigen et al., Defendants and Appellants.

Supreme Court of Montana.

Decided February 16, 1970.

Rehearing Denied March 4, 1970.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Hughes & Bennett, Michael J. Hughes argued, Helena, for appellants.

Hutton, Schiltz & Sheehy, John C. Sheehy argued, Billings, for respondent.

HASWELL, Justice.

Defendants, the Board of Administration of the Public Employees' Retirement System, disallowed relator's claim for an occupational disability retirement but granted him an ordinary disability retirement. The district court of Lewis and Clark County, on the same record, found that relator was entitled to an occupational disability retirement and entered final judgment in the form of a peremptory writ of prohibition...

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