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WEBER v. PUBLIC EMPLOYEES' RETIREMENT BD.

No. 94-296.

890 P.2d 1296 (1995)

Stephen P. WEBER, Petitioner and Respondent, v. PUBLIC EMPLOYEES' RETIREMENT BOARD, Respondent and Appellant.

Supreme Court of Montana.

Decided March 9, 1995.

Attorney(s) appearing for the Case

Kelly A. Jenkins, Sp. Asst. Atty. Gen., Helena, for appellant.

Eric B. Thueson, John A. Kutzman, Helena, for respondent.

LEAPHART, Justice.

The Board of Administration of the Public Employees Retirement Division (PERB) appeals from the decision of the District Court of the First Judicial District, Lewis and Clark County, which reversed the decision of PERB denying Stephen Weber (Weber) disability retirement benefits under Title 19, Chapter 3, Part 10, MCA.

Issues

1. Did the District Court improperly assume jurisdiction over Weber's petition for judicial review...

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