DAVEY v. LINCOLN COUNTY


505 A.2d 818 (1986)

Laurinda L. DAVEY v. LINCOLN COUNTY. Laurinda L. DAVEY v. MAINE STATE RETIREMENT SYSTEM.

Supreme Judicial Court of Maine.

Decided February 28, 1986.


Attorney(s) appearing for the Case

Stinson, Lupton & Weiss, P.A., Ronald Lupton (orally), Bath, for plaintiff.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Charles S. Einsiedler, Jr. (orally), Portland, for County Com'rs.

James E. Tierney, Atty. Gen., Cabanne Howard (orally), Senior Associate Atty. Gen., Jerome S. Matus, Asst. Atty. Gen., Augusta, for Maine State Retirement System.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.


McKUSICK, Chief Justice.

These consolidated appeals raise the question of which governmental entity must pay pension benefits to the surviving widow of Donald Davey, a Lincoln County deputy sheriff killed in the line of duty. The Superior Court (Lincoln County) held that the Maine State Retirement System, rather than Lincoln County, was required to pay the pension. We disagree, and hold that a correct reading of the controlling...

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