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GONZALES v. N.M. EDUC. RETIREMENT BD.

No. 18114.

788 P.2d 348 (1990)

109 N.M. 592

Dorothy GONZALES, Petitioner-Appellant and Cross-Appellee, v. NEW MEXICO EDUCATIONAL RETIREMENT BOARD and Frank Ready, Director, Respondents-Appellees and Cross-Appellants.

Supreme Court of New Mexico.

Rehearing Denied March 29, 1990.

Attorney(s) appearing for the Case

James A. Burke, Santa Fe, for petitioner-appellant and cross-appellee.

Hal Stratton, Atty. Gen., Andrea R. Buzzard, Asst. Atty. Gen., Santa Fe, for respondents-appellees and cross-appellants.

OPINION

BACA, Justice.

Petitioner Dorothy Gonzales appeals from an order of mandamus which denied retroactive disability benefits to the date of the accident, August 16, 1983. The New Mexico Educational Retirement Board (ERB or the Board) and Frank Ready cross-appeal the declaration that ERB Regulation VI is unconstitutional, the award of disability benefits from January 1985, and the award of reasonable attorney fees pursuant to 42 U.S.C. Section 1988....

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