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TAYLOR v. DEPARTMENT OF FISH AND GAME OF STATE OF MONTANA

No. CV 80-7-M.

523 F.Supp. 514 (1981)

Courtney L. TAYLOR, Plaintiff, v. DEPARTMENT OF FISH AND GAME OF the STATE OF MONTANA, Robert F. Wambach, the Department of Administration (Public Employees' Retirement Division), Lawrence P. Nachtsheim, Defendants.

United States District Court, D.Montana, Missoula Division.

October 7, 1981.

Attorney(s) appearing for the Case

John C. Doyle, Hamilton, Mont., for plaintiff.

F. Woodside Wright, Helena, Mont., for Fish, Wildlife & Parks.

J. Michael Young, Helena, Mont., for P.E. R.D. and Nachtsheim.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

Defendants have moved for a reconsideration of the court's action in denying defendants' motion for summary judgment. In considering the motion for summary judgment, the court has relied on the agreed statement of facts upon the basis of which both plaintiff and defendants moved for a summary judgment. A state game warden was retired under MCA § 19-8-601(2) (1979), which mandates retirement at age...

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