State Ex Rel. Sanders v. Hill

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Appeal by the Board of Administration of the Public Employees’ Retirement System of the State of Montana, hereinafter referred to as the Board, from a judgment ordering issuance of a peremptory writ of mandate entered in the district court of Lewis and Clark County.

Relator, Shields B. Sanders, was employed by the Montana State Highway Commission as a construction engineer. He suffered a myocardial infarction in January of 1956 and his health continued to be impaired so that in July of 1956 he applied for industrial…