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PUBLIC EMP. RETIREMENT SYSTEM v. DILLON

No. 57987.

538 So.2d 327 (1988)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI v. Johnnie DILLON and Asa Atwell Wiley.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing February 22, 1989.

Attorney(s) appearing for the Case

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Richard G. Jones, Sp. Asst. Atty. Gen., Jackson, for appellant.

W.H. McGehee, McGehee, McGehee & Torrey, Meadville, for appellees.

Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.

ROBERTSON, Justice, for the Court:

I.

This case presents a claim of insufficiency of service of process. The question turns on whether, Rule 4(d), Miss.R.Civ.P., the Public Employees' Retirement System of Mississippi ("the System") more nearly resembles a "domestic corporation" or a "department" or "institution" of the State of Mississippi. The Court below held it was the former and denied the motion to dismiss. We affirm.

II.

Plaintiffs...

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