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GANTENBEIN v. PUBLIC EMP. RETIREMENT BD.

576 P.2d 1257 (1978)

33 Or.App. 309

John F. GANTENBEIN and Alice Gantenbein, Husband and Wife, Respondents, v. PUBLIC EMPLOYES' RETIREMENT BOARD OF THE STATE OF OREGON, Appellant.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Jack L. Kennedy, Portland, argued the cause for respondents. With him on the brief were Allen Reel, and Kennedy, King & McClurg, Portland.

John R. Faust, Jr., Portland, filed a brief amicus curiae on behalf of Richard Burke, Richard Mengler and Henry Kaye.

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

SCHWAB, Chief Judge.

This is an appeal by defendant from a decree of the circuit court granting plaintiff declaratory relief. Plaintiff,1 a judge, was elected to the district court in 1950 and took office in 1951. He was re-elected four times and served continuously as a district court judge until his retirement in 1975 at age 65. Oregon Laws 1943, ch. 294, established a Judges' Retirement Fund for supreme court and circuit court judges...

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