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FRANKLIN v. UTAH STATE RETIREMENT BD.

No. 870282.

779 P.2d 680 (1989)

Nick FRANKLIN, Mike Furness, Daryl Simmons, aka White D. Simmons, Jim Spens, Tom W. Sutton, Gordon Osborn, Ron Snow, Dale R. Blackham, Carlo M. Perkins, Larry Kent Ludlow, Rial Allen, Leslie D. Allred, Keith D. Sondrup, Doug B. Wagstaff, Dennis Hullinger, Jack D. Gardner, David C. Johnson, and Kurt Roberts, on behalf of themselves and all other members of the Utah Education Association similarly situated, Plaintiffs and Appellants, v. UTAH STATE RETIREMENT BOARD, Defendant and Appellee.

Supreme Court of Utah.

September 5, 1989.

Attorney(s) appearing for the Case

Michael T. McCoy, Salt Lake City, for plaintiffs and appellants.

Mark Madsen, Salt Lake City, for defendant and appellee.

STEWART, Justice:

This case is an appeal from an order of the district court dismissing the complaint for failure to state a claim. We affirm.

The issue on this appeal, as stated in the plaintiffs' brief, is

whether there was an unconstitutional denial of equal protection of the law under statutes governing the Utah State Retirement Office which allowed Plaintiffs to contribute to the State Retirement Office on both their primary and secondary income...

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