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CANTWELL v. COUNTY OF SAN MATEO

Nos. 78-1765, 78-1820.

631 F.2d 631 (1980)

Sidney H. CANTWELL, Jr., Plaintiff-Appellee, v. COUNTY OF SAN MATEO, a political subdivision of the State of California, and the Retirement Board of San Mateo County, Defendants-Appellants. Sidney H. CANTWELL, Jr., Plaintiff-Appellant, v. COUNTY OF SAN MATEO, a political subdivision of the State of California and the Retirement Board of San Mateo County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1980.

Attorney(s) appearing for the Case

Keith C. Sorenson, Dist. Atty., Redwood City, Cal., on brief; Thomas Daniel Daly, Deputy Dist. Atty., Redwood City, Cal., for San Mateo, etc.

Howard M. Daschbach, Law Offices of Howard, Daschbach, Menlo Park, Cal., for Cantwell.

Before HUG and ALARCON, Circuit Judges, and BLUMENFELD, District Judge.

HUG, Circuit Judge:

The principal issue in this appeal involves the resolution of an apparent conflict between federal statutes granting retirement pay to military reserve personnel and California statutes establishing retirement plans for county employees. The appellants, the County of San Mateo ("County") and the Retirement Board of San Mateo County ("Board"), challenge the district court's decision determining that the federal statutes were controlling. The County...

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