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GARDNER v. NATION

No. 4297.

522 P.2d 1281 (1974)

William R. GARDNER, Appellant (Plaintiff below), v. Bill NATION, Mayor of the City of Cheyenne, and members of the City Council of the City of Cheyenne, et al., Appellees (Defendants below).

Supreme Court of Wyoming.

June 10, 1974.

Attorney(s) appearing for the Case

Benedict D. Trierweiler of Trierweiler & Bayless, Cheyenne, for appellant.

Maxwell E. Osborn, City Atty., Cheyenne, for appellees.

Before PARKER, C.J., and McEWAN, GUTHRIE, McINTYRE and McCLINTOCK, JJ.

Mr. Justice McCLINTOCK delivered the opinion of the Court.

William R. Gardner, hereinafter referred to as plaintiff, appeals from the decision of the district court of Laramie County, Wyoming declaring that he is not entitled to remain a member of the Cheyenne Fire Department after reaching the age of 65.

Plaintiff began working for the Cheyenne Fire Department on January 1, 1954 and thereafter worked continuously until

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