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ROBERTSON v. KULONGOSKI

No. 04-35898.

466 F.3d 1114 (2006)

WILLIAM ROBERTSON; CYNTHIA CARLISLE; RUSSELL HATHHORN; CHRISTOPHER MYERS; MICHAEL SIMPSON; JANET BOWLER; LARRY DEAN; JEAN DEJARNATT, Plaintiffs-Appellants, MARION COUNTY, Intervenor-Appellee, v. THEODORE KULONGOSKI; DAWN MORGAN, Official capacity; JANICE DERINGER, Official capacity; MARK GARDNER, Official capacity; JEANNE GARST, Official capacity; GLENN HARRISON, Official capacity; TODD SCHWARTZ, Official capacity; GEORGE RUSSELL, Official capacity; PUBLIC EMPLOYEES RETIREMENT BOARD, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2006.

Attorney(s) appearing for the Case

Gregory A. Hartman, Bennett, Hartman, Morris & Kaplan, Portland, Oregon, for the plaintiffs-appellants.

Jeremy D. Sacks, Stoel Rives, Portland, Oregon, for the defendants-appellees.

Before: Barry G. Silverman and Ronald M. Gould, Circuit Judges, and John S. Rhoades, District Judge.

Argued and Submitted September 15, 2006 — Portland, Oregon.

Opinion by Judge Rhoades.

OPINION

RHOADES, District Judge:

Plaintiffs-Appellants ("the Employees"), current and retired employees of the State of Oregon, challenge legislation1 passed by the Oregon legislature in 2003 that amended the Oregon Public Employees Retirement System ("PERS"). The Employees bring their claims under the Contract Clause...

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