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RETIRED PUBLIC EMPLOYEES' ASS'N v. STATE OF CAL.

Nos. 84-2808, 85-1897 and 85-1898.

799 F.2d 511 (1986)

RETIRED PUBLIC EMPLOYEES' ASSOCIATION OF CALIFORNIA CHAPTER 22; Oakland Retired Employees' Association; and Mrs. Winofred White, Plaintiffs/Appellees, v. STATE OF CALIFORNIA; State Personnel Board of the State of California; Board of Administration of the Public Employees Retirement System; Retirement Board City of Oakland, Defendants-Appellants. RETIRED EMPLOYEES' ASSOCIATION OF CALIFORNIA, CHAPTER 22; Oakland Retired Employees' Association; and Mrs. Winofred White, Plaintiffs/Appellees, v. STATE OF CALIFORNIA; State Personnel Board of the State of California; and the Board of Administration of the Public Employees' Retirement System, Defendants-Appellants. Jacob B. GUNN, on behalf of himself and all persons similarly situated, Plaintiff/Appellee, v. STATE OF CALIFORNIA; State Personnel Board of the State of California; and the Board of Administration of the Public Employees' Retirement System, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1986.

Attorney(s) appearing for the Case

Fred D. Lonsdale, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs/appellees.

Robert E. Murphy, Deputy Atty. Gen., San Francisco, Cal., Patricia L. Campbell, Oakland, Cal., for defendants/appellants.

Before NELSON, CANBY and JOHN T. NOONAN, Jr., Circuit Judges.

NELSON, Circuit Judge:

Defendant-appellant, the State of California, appeals that part of the district court's judgment in favor of the plaintiff-class enjoining California from using sex-based mortality tables to calculate monthly pension benefit payments for employees retiring before January 1, 1977, directing that equalization of benefits be retroactive to April 25, 1978, and awarding attorneys' fees,

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