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BAUMGARDNER v. PUB. EMPL. RET. BD. OF STATE

No. 04-861.

119 P.3d 77 (2005)

2005 MT 199

Joseph A. BAUMGARDNER, on behalf of himself and all others similarly situated, Plaintiff and Respondent, v. PUBLIC EMPLOYEES' RETIREMENT BOARD OF the STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided August 16, 2005.

Attorney(s) appearing for the Case

For Appellant: James H. Goetz, Goetz, Gallik & Baldwin, Bozeman, Montana, Kelly Jenkins and Melanie Symons, Special Assistant Attorneys General, Helena, Montana.

For Respondent: Ross W. Cannon, Cannon & Sheehy, Helena, Montana, Thomas C. Morrison, Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Joseph Baumgardner sued the Public Employees' Retirement Board of the State of Montana (the Board) alleging that House Bill 294, Act effective Mar. 29, 2001, ch. 149 § 1, 2001 Mont. Laws 696, 697 (H.B. 294), enacted by the 2001 Montana Legislature, unconstitutionally delegated legislative power; impaired the obligation of contracts in violation of Montana Constitution Article II, Section...

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