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ROANE v. HARRIS

No. 77-2665.

604 F.2d 37 (1979)

Susan ROANE et al., Plaintiffs-Appellants, v. Patricia R. HARRIS, Secretary of the Department of Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 12, 1979.

Attorney(s) appearing for the Case

Michael E. Myers, argued, San Francisco, Cal., for plaintiffs-appellants.

Lenord Schaltmen, Daniel H. Maguire, San Francisco, Cal., argued, for defendants-appellees; John M. Rogers, Washington, D. C., on brief.

Before MERRILL and SNEED, Circuit Judges, and REAL, District Judge.

PER CURIAM:

Appellants are employees of the San Francisco Unified School District. Prior to July, 1972, they were members of the San Francisco City and County Employees' Retirement System (SFRS). As such, they could and did participate in the Federal Social Security System under 42 U.S.C. § 418(d)(3), thus assuring themselves of the benefits of both systems.

In 1972, California required teachers who commenced employment with the School District after...

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