ALMOND v. BOYLES

Nos. 85-1830, 85-1831, 85-1832, 85-2019 and 85-2074.

792 F.2d 451 (1986)

Robert P. ALMOND; Jerry A. Calloway; Vernon G. Cox; Allen E. Dail; Janice D. Decker; David W. Guthrie; Brenda M. Herring; Sherman L. Lewis; Janice E. Osborne; Leslie T. Simmons, on behalf of themselves and all other persons similarly situated, Appellees, v. Harlan E. BOYLES, in his official capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; R. Eugene Ballard, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Ezra A. Bridges, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; M.L. Byrd, in his or her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; William C. Covington, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System; Withers Davis, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Colleen Jakes, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Horace Jernigan, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Dan W. Jones, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; V. Glenn Morton, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Thomas Z. Osborne, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Theo H. Pitt, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Linda I. Rader, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; E.T. Barnes, in his official capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Defendants, and Phillip J. Kirk, in his official capacity as Secretary, North Carolina Department of Human Resources; Herman Gruber, in his official capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources; Mary Ann Van Name, in her official capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Appellants. Robert P. ALMOND; Jerry A. Calloway; Vernon G. Cox; Allen E. Dail; Janice D. Decker; David W. Guthrie; Brenda M. Herring; Sherman L. Lewis; Janice E. Osborne; Leslie T. Simmons, on behalf of themselves and all other persons similarly situated, Appellees, v. Harlan E. BOYLES, in his official capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; R. Eugene Ballard, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Ezra A. Bridges, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; M.L. Byrd, in his or her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; William C. Covington, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System; Withers Davis, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Colleen Jakes, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Horace Jernigan, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Dan W. Jones, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; V. Glenn Morton, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Theo H. Pitt, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Linda I. Rader, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; E.T. Barnes, in his official capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Appellants, and Thomas Z. Osborne, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Phillip J. Kirk, in his official capacity as Secretary, North Carolina Department of Human Resources; Herman Gruber, in his official capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources; Mary Ann Van Name, in her official capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Defendants. Robert P. ALMOND; Jerry A. Calloway; Vernon G. Cox; Allen E. Dail; Janice D. Decker; David W. Guthrie; Brenda M. Herring; Sherman L. Lewis, on behalf of themselves and all other persons similarly situated, Appellants, and Janice E. Osborne; Leslie T. Simmons, Plaintiffs, v. Harlan E. BOYLES, in his official capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; R. Eugene Ballard, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Ezra A. Bridges, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; M.L. Byrd, in his or her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; William C. Covington, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System; Withers Davis, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Colleen Jakes, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Horace Jernigan, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Dan W. Jones, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; V. Glenn Morton, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Theo H. Pitt, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Linda I. Rader, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; E.T. Barnes, in his official capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in his official capacity as Secretary, North Carolina Department of Human Resources; Herman Gruber, in his official capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources; Mary Ann Van Name, in her official capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Appellees, and Thomas Z. Osborne, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Defendants. Robert P. ALMOND; Jerry A. Calloway; Vernon G. Cox; Allen E. Dail; Janice D. Decker; David W. Guthrie; Brenda M. Herring; Sherman L. Lewis; Janice E. Osborne; Leslie T. Simmons, on behalf of themselves and all other persons similarly situated, Appellees, v. Harlan E. BOYLES, in his official capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; R. Eugene Ballard, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Ezra A. Bridges, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; M.L. Byrd, in his or her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; William C. Covington, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System; Withers Davis, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Colleen Jakes, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Horace Jernigan, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Dan W. Jones, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; V. Glenn Morton, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Theo H. Pitt, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Linda I. Rader, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; E.T. Barnes, in his official capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in his official capacity as Secretary, North Carolina Department of Human Resources; Herman Gruber, in his official capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources; Mary Ann Van Name, in her official capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Appellants, and Thomas Z. Osborne, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Defendants. Robert P. ALMOND; Jerry A. Calloway; Vernon G. Cox; Allen E. Dail; Janice D. Decker; David W. Guthrie; Brenda M. Herring; Sherman L. Lewis, on behalf of themselves and all other persons similarly situated, Appellants, and Janice E. Osborne; Leslie T. Simmons, Plaintiffs, v. Harlan E. BOYLES, in his official capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; R. Eugene Ballard, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Ezra A. Bridges, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; M.L. Byrd, in his or her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; William C. Covington, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System; Withers Davis, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Colleen Jakes, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Horace Jernigan, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Dan W. Jones, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; V. Glenn Morton, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; A. Craig Phillips, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Theo H. Pitt, Jr., in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Linda I. Rader, in her official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; E.T. Barnes, in his official capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in his official capacity as Secretary, North Carolina Department of Human Resources; Herman Gruber, in his official capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources; Mary Ann Van Name, in her official capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Appellees, and Thomas Z. Osborne, in his official capacity as a member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System; Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1986.


Attorney(s) appearing for the Case

Norma S. Harrell, Lead Counsel, and Doris J. Holton, Asst. Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Wilson Hayman, Asst. Atty. Gen. on brief) for appellants/cross-appellees.

Steven J. Levitas (Robert W. Spearman; John J. Butler; Sanford, Adams, McCullough & Beard; Charles R. Hassell, Jr. on brief), for appellees/cross-appellants.

Before HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


K.K. HALL, Circuit Judge:

Officials of the North Carolina Department of Human Resources ("DHR") and the North Carolina Teachers' and State Employees' Retirement System (the "Retirement System") appeal from the district court's order granting summary judgment and awarding attorneys' fees to plaintiffs. Plaintiffs cross-appeal, contesting the interest component of the judgment. We affirm in part, vacate in part, and remand for a redetermination of attorneys' fees.<...

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