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HALL v. STATE

No. 05-124.

130 P.3d 601 (2006)

2006 MT 37

331 Mont. 171

Earl HALL and Ronald Hansen, individually, and on behalf of others similarly situated, Petitioners and Appellants, v. STATE of Montana and the Public Employees' Retirement Board, an Agency of the State of Montana, Respondents and Respondents.

Supreme Court of Montana.

Decided February 22, 2006.

Attorney(s) appearing for the Case

For Appellants: Sydney E. McKenna, Tornabene & McKenna, Missoula, Montana, Allan M. McGarvey, McGarvey & McGarvey, Kalispell, Montana.

For Respondents: Hon. Mike McGrath, Montana Attorney General, Melanie A. Symons, Special Assistant Attorney General, Ali Bovingdon, Assistant Attorney General, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Earl Hall and Ronald Hansen are retired firefighters who sued the State of Montana and the Public Employees' Retirement Board (PERB or the Board) claiming that the State and the PERB incorrectly calculated their compensation which resulted in inadequate monthly retirement benefits. The Third Judicial District Court dismissed their action holding that they had not filed their Complaint within the...

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