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SHAW v. SARGENT SCHOOL DIST.

No. 00CA0248.

21 P.3d 446 (2001)

Art SHAW, Plaintiff-Appellee, v. SARGENT SCHOOL DISTRICT No. RE-33-J, acting through its BOARD OF EDUCATION, John H. McCormick, Shirley A. McCullough, Michael M. Mitchell, Bob Mattive, and Lee A. Wheeler, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

February 15, 2001.

Attorney(s) appearing for the Case

Law Office of Edwin J. Lobato, Edwin J. Lobato, Alamosa, CO, for Plaintiff-Appellee.

Fowler, Schimberg & Flanagan, P.C., Daniel M. Fowler, Catherine A. Tallerico, Denver, CO, for Defendants-Appellants.

Opinion by Judge DAILEY.

In this action to recover early retirement benefits, defendant, Sargent School District No. RE-33-J (District), appeals the summary judgment entered in favor of plaintiff, Art Shaw. We affirm in part, reverse in part, and remand the cause for further proceedings.

I. Background

In February 1996, the District adopted a policy providing for an Early Retirement Program, in which...

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