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EMPLOYEES' RETIREMENT SYSTEM v. NESMITH

2910569.

644 So.2d 938 (1993)

EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, et al. v. Johnny B. NESMITH.

Court of Civil Appeals of Alabama.

Rehearing Denied June 11, 1993.

Attorney(s) appearing for the Case

William T. Stephens, Montgomery, for appellants.

Clyde C. Owen, Jr. and E. Hamilton Wilson, Jr. of Ball, Ball, Matthews & Novak, P.A., Montgomery, for appellee.

ROBERTSON, Presiding Judge.

This is an appeal from a declaratory judgment which determined, inter alia, that the Board of Control of the Employees' Retirement System of Alabama (ERS) had misapplied the law governing reemployment of state retirees and that Johnny B. Nesmith's performance of an employment contract with the City of Cullman (City) would not constitute a "return to active service" within the meaning of the applicable...

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