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MOWRY v. STATE EX REL. WYO. RET. BD.

No. 93-99.

866 P.2d 729 (1993)

Billie L. MOWRY, Appellant (Plaintiff/Petitioner), v. STATE of Wyoming, ex rel., WYOMING RETIREMENT BOARD, Appellee (Defendant/Respondent).

Supreme Court of Wyoming.

December 23, 1993.

Attorney(s) appearing for the Case

Mitchell E. Osborn of Grant & Osborn, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Mary B. Guthrie, Sr. Asst. Atty. Gen., for appellee.

Before MACY, C.J., and THOMAS, CARDINE, GOLDEN and TAYLOR, JJ.

CARDINE, Justice.

Appellant, Billie L. Mowry (Mowry), a retired school district superintendent, seeks judicial review of appellee Wyoming Retirement Board's (board) decision which held that severance pay received by Mowry in 1989 would not be included in calculating his retirement benefits.

We affirm the decision of the board.

Mowry phrases the issue as:

Is "severance pay," received pursuant to a valid employment contract, "cash remuneration...

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