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STATE EX REL. STOWE v. BD. OF ADMIN., ETC.

No. 13274.

564 P.2d 167 (1977)

STATE of Montana ex rel. Daniel J. STOWE, Petitioner, v. BOARD OF ADMINISTRATION OF the PUBLIC EMPLOYEES RETIREMENT DIVISION and Fred Barrett, W.M. Cocales, Fred L. Hill, John L. Prebil, and Kevin J. Shannon, members Thereof, Respondents.

Supreme Court of Montana.

Decided May 11, 1977.

Attorney(s) appearing for the Case

Hubert J. Massman (argued), Joseph Massman, Helena, for petitioner.

Stuart L. Kellner, Special Asst. Atty. Gen. (argued), Helena, Michael J. Hughes, Helena, for respondents.

SHEA, Justice.

Daniel Stowe, a member of the Montana Public Employees' Retirement System (PERS), appeals from a judgment of the district court, Lewis and Clark County, dismissing his petition for a writ of mandate directed against the board of administration of PERS.

The district court held that Stowe had a remedy of judicial review under the Montana Administrative Procedure Act (MAPA) but lost it by not petitioning for review within the statutory 30 days...

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