FIKE v. BD. OF TRUSTEES, TCHRS. & STATE EMP. RETIREMENT SYSTEM

No. 8010SC1119.

279 S.E.2d 910 (1981)

William T. FIKE, Jr., Petitioner, v. BOARD OF TRUSTEES, TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, Respondent.

Court of Appeals of North Carolina.

July 7, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Norma S. Harrell, Raleigh, for respondent, Board of Trustees, Teachers' and State Employees' Retirement System.

Bailey, Dixon, Wooten, McDonald & Fountain, by John N. Fountain, Raleigh, for petitioner-appellee.


ARNOLD, Judge.

The dispositive issue of this appeal is whether the Retirement System may be estopped from denying Dr. Fike disability retirement benefits. Petitioner contends that Mrs. Ellis, as the retirement representative at North Carolina State University, had apparent authority to accept the application on behalf of the Retirement System and therefore respondent should be estopped from denying that the application was filed on 15 August 1978 and approved effective...

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