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STATE OF MONTANA v. UNITED STATES

Civ. No. 2015.

340 F.Supp. 666 (1972)

STATE OF MONTANA, acting by and through the Board of Administration of the Public Employees' Retirement System of the State of Montana, Plaintiff, v. UNITED STATES of America, and Elliot Richardson, as Secretary of Health, Education and Welfare of the United States of America, Defendants.

United States District Court, D. Montana, Helena Division.

February 28, 1972.

Attorney(s) appearing for the Case

Robert J. Woodahl, Atty. Gen., State of Mont., Helena, Mont., for plaintiff.

Otis L. Packwood, U. S. Atty., Billings, Mont., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

RUSSELL E. SMITH, Chief Judge.

FINDINGS OF FACT

The agreed statement of facts is adopted as the findings of the court.

CONCLUSIONS OF LAW

I conclude as a matter of law that the fees collected by salaried justices of the peace in Montana are wages within the meaning of 42 U.S.C. § 409.1

That section defines "wages" as follows: "... the term `wages...

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