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FOX v. STATE, DEPT. OF RETIREMENT SYSTEMS

No. 63863-7-I.

225 P.3d 1018 (2009)

Gary FOX, Appellant, v. STATE of Washington, DEPARTMENT OF RETIREMENT SYSTEMS, Respondent.

Court of Appeals of Washington, Division 1.

Ordered Published February 10, 2010.

Attorney(s) appearing for the Case

Paul Anthony Neal, Attorney at Law, Olympia, WA, for Appellant.

Spencer Walter Daniels, Office of the Attorney General, Kathryn Wyatt, Attorney General's Office-Gov't Oper Div., Olympia, WA, for Respondent.

LAU, J.

¶ 1 After the Washington State Department of Retirement Systems denied Gary Fox's claim for Public Employee Retirement System (PERS) membership based on his part-time, University of Washington janitorial employment from 1970 through 1972, Fox appealed to the Thurston County Superior Court. The court affirmed the Department's final order. Fox appeals that order, arguing the Department's decision misapplied the burden of proof and is not supported by substantial...

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