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CANNON v. McDONALD

No. 16586.

615 P.2d 1268 (1980)

Quayle CANNON, Jr., and Sheldon R. Brewster, on behalf of themselves and other parties similarly situated, Plaintiffs and Respondents, v. Leonard W. McDONALD, in his original capacity as Executive Director of the Utah State Retirement Board, and the Utah State Retirement Board, Defendants and Appellants.

Supreme Court of Utah.

August 5, 1980.

Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., and Mark A. Madsen, Asst. Atty. Gen., Salt Lake City, for defendants and appellants.

David A. Westerby and Richard R. Neslen of Kirton & McConkie, Salt Lake City, for plaintiffs and respondents.

MAUGHAN, Justice:

The defendants bring this appeal from the district court's judgment and order granting the plaintiffs' retirement benefits under the Utah State Retirement Act. We reverse. All statutory references are to Utah Code Annotated, 1953, as amended.

The plaintiffs, Quayle Cannon, Jr., and Sheldon R. Brewster, are both at least 65 years of age and have served at least four years in the Utah Legislature. Mr. Cannon served in the state legislature...

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