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BEGLEY v. PUBLIC EMPLOYES RETIREMENT BOARD

554 P.2d 559 (1976)

26 Or.App. 869

William T. BEGLEY, Petitioner, v. PUBLIC EMPLOYES RETIREMENT BOARD of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided September 20, 1976.

Attorney(s) appearing for the Case

C.H. Seagraves, Jr., Grants Pass, argued the cause for petitioner. With him on the brief was Myrick, Coulter, Seagraves & Nealy, Grants Pass.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

TANZER, Judge.

Petitioner seeks review of an order of the Public Employes' Retirement Board denying him a disability retirement allowance as provided for in ORS 237.171. That statute states:

"(1) Whenever an employee who is a member of the system and who is under the compulsory retirement age, is found * * * to be mentally or physically incapacitated for an extended duration * * * and thereby...

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