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ROTHENBERGER v. DOUGLAS COUNTY

Civ. No. 83-4117.

586 F.Supp. 210 (1983)

Emil ROTHENBERGER, on behalf of himself and all others similarly situated, Plaintiff, v. DOUGLAS COUNTY, Defendant.

United States District Court, D. South Dakota, S.D.

December 19, 1983.

Attorney(s) appearing for the Case

Valerie McNaughton, Denver, Colo., Rollyn H. Samp, Sioux Falls, S.D., for plaintiff.

Robert L. Timm, Grant E. Gormley and Thomas H. Harmon, Asst. Attys. Gen., Pierre, S.D., for defendant.

MEMORANDUM OPINION AND ORDER OF DISMISSAL

JOHN B. JONES, District Judge.

The South Dakota legislature consolidated all state and local retirement systems by Chapter 35, Session Laws of 1974, now S.D.C.L. 3-12. The consolidation was effective July 1, 1974.

Under the statute, there was some benefit to the employees of local subdivisions if the local subdivisions set up retirement plans prior to July 1, 1974. Douglas County chose not to do so on or...

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