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EMPLOYEES' RETIREMENT SYSTEM BD. v. GIVHAN

2030075.

907 So.2d 1043 (2004)

EMPLOYEES' RETIREMENT SYSTEM BOARD OF CONTROL and Employees' Retirement System of Alabama v. R. Marcus GIVHAN, as executor of the estate of Marion Callen Stothart.

Court of Civil Appeals of Alabama.

Certiorari Denied March 11, 2005

Attorney(s) appearing for the Case

William F. Kelley, Jr., gen. counsel, Retirement Systems of Alabama, Montgomery, for appellants.

R. Marcus Givhan of Johnston Barton Proctor & Powell, LLP, Birmingham; and James H. Evans, Montgomery, for appellee.

Alabama Supreme Court 1040139.

PER CURIAM.

The Employees' Retirement System of Alabama ("ERS") and its Board of Control appeal from a summary judgment entered in favor of R. Marcus Givhan, as executor of the estate of Marion Callen Stothart. We reverse and remand.

During her lifetime, Stothart was a employee of the State of Alabama and a member of ERS; she was diagnosed with lung and brain cancer on February 17, 2002. On May 31, 2002, Stothart, who...

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