Stith v. Civil Service Com'n of Des Moines

SNELL, Justice.

The immediate problem before us is one of procedure and the limitations on relief by mandamus. In the background and the original cause of dispute are two separate chapters in our Code. Section 97B.45 the retirement provision under the Iowa Public Employees’ Retirement System, commonly called I.P.E.R.S., provides for mandatory retirement at age 70 except under conditions not appearing here. Chapter 365 relates to Civil Service employees in cities and towns.

The facts condensed from the several pleadings and motions do not disclose any material factual dispute.

Plaintiff was an…