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McCOURTNEY v. CORY

Docket No. 58869.

123 Cal.App.3d 431 (1981)

176 Cal. Rptr. 639

PAULINE C. McCOURTNEY et al., Plaintiffs and Respondents, v. KENNETH CORY, as State Controller, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

September 2, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, and John J. Crimmins, Deputy Attorney General, for Defendant and Appellant.

Stroock & Stroock & Lavan, William H. Levit and Margaret A. Nagle for Plaintiffs and Respondents.

Fredric D. Woocher, Lucas Guttentag and Carlyle W. Hall, Jr., as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

FLEMING, J.

Plaintiffs, who are surviving spouses of deceased judges, obtained a declaratory judgment from the superior court against the Controller of the State of California to require payment for life of their allowances as surviving spouses, even though the provisions of the Judges' Retirement Law which authorized their allowances specify termination of the allowances on remarriage. Plaintiffs successfully argued that...

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