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SUTTON v. PERB

Nos. D-607, D-711 and S-38383; CA A30434.

702 P.2d 1171 (1985)

74 Or.App. 621

In the matter of the Denial of Disability Retirement Allowances of Michael D. SUTTON, Richard L. Lee and Richard G. Cash, Petitioners, v. PUBLIC EMPLOYES' RETIREMENT BOARD OF THE STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided July 31, 1985.

Reconsideration Denied September 13, 1985.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed the brief for petitioners.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

Petitioners seek judicial review of the Public Employes' Retirement Board's order on reconsideration, which cancelled their disability retirement allowances. ORS 237.195(1).

Petitioners argue at length about the meaning of the disability retirement allowance statutes, ORS 237.171 et seq. However, under the express findings PERB made, the cancellation of petitioners' allowances is required by the statutes even as petitioners argue they should...

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