STATE OF NEV. EMPLOYEES ASSOC., INC. v. KEATING

No. 88-15514.

903 F.2d 1223 (1990)

STATE OF NEVADA EMPLOYEES ASSOC., INC., (SNEA), a Nevada corporation, as representative of its members; Ellen Steiner; Sue Palczewski, Harry Dudley, Russell Benzler, Darrell Reed, Reemey Brown, Joe Riolo and David Drew, as members of SNEA and on behalf of themselves and all other present and former state employee members of SNEA similarly situated, Plaintiffs-Appellants, v. Wilbur K. KEATING, Executive Officer of the Public Employees Retirement System; Tom Wiesner, Chairman, Peggy Glover, Vice-Chairman, Wilson McGowan, Joyce Woodhouse, Clair Haycock, Julius Conigliaro; Karon Brewster, members of the Public Employees Retirement Board; George Murphy, Director of the Dept. of Personnel; Darrell Daines, State Controller of the State of Nevada; Patricia Cafferata, State Treasurer of the State of Nevada; and Does I through XX, all being sued in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1990.


Attorney(s) appearing for the Case

Norah Ann McCoy, Carson City, Nev., for plaintiffs-appellants.

Scott Q. Doyle, Deputy Atty. Gen., Carson City, Nev., for defendants-appellees.

Before REINHARDT, BEEZER and KOZINSKI, Circuit Judges.


BEEZER, Circuit Judge:

The State of Nevada Employees Association ("SNEA") and individual employees1 argue on appeal that Nevada's termination of the right of public employees to withdraw their pension contributions without penalty constituted an unconstitutional impairment of contractual obligations and violated state law. The district court, after a three-day bench trial, decided (1) that plaintiffs...

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