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EMPLOYEE'S RETIREMENT SYSTEM, ETC. v. McKINNON

Div. SC 2343.

349 So.2d 569 (1977)

The EMPLOYEE'S RETIREMENT SYSTEM OF ALABAMA v. Helen Chapman McKINNON et al.

Supreme Court of Alabama.

August 26, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. and Jerry L. Weidler, Asst. Atty. Gen., for appellant.

Robert B. Roden of Jones, Arnold & Roden, Birmingham, for appellees.

MADDOX, Justice.

The Teachers' Retirement System of Alabama (TRS) appeals from a summary judgment granted to plaintiffs Helen C. McKinnon and William R. McKinnon, Jr., widow and son of William R. McKinnon, Sr., deceased, who was a member of TRS. The trial court, finding the retirement system statutes discriminatory as between retired employees and active employees, ordered TRS to pay plaintiffs a "lump sum" benefit equal to the deceased teacher's contributions and...

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