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SMITH v. MILLER

No. S91A1438.

407 S.E.2d 727 (1991)

261 Ga. 560

SMITH et al. v. MILLER et al.

Supreme Court of Georgia.

Reconsideration Denied September 23, 1991.

Attorney(s) appearing for the Case

Hamilton Lokey, Lokey & Bowden, Atlanta, Hardy Gregory, Jr., Davis, Gregory & Christy, Cordele, J. Ralph Beaird, Blasingame, Burch, Garrard & Bryant, P.C., Athens, for Smith et al.

Michael J. Bowers, Atty. Gen., Jeff L. Milsteen, Susan L. Rutherford, Asst. Attys. Gen., Atlanta, for Miller et al.

John R. Martin, Martin Brothers, P.C., Donald F. Samuel, Garland & Samuel, P.C., Atlanta, Bobby Lee Cook, Cook & Palmour, Summerville, Lynne Y. Borsuk, Elizabeth F. Bunce, William Q. Bird, Laura J. Tromly, William Q. Bird, P.C., Atlanta, for amicus curiae appellant.

Vernon Bowdish, Atlanta, for other party.

Anne Otwell, Coosa, Attorney Register.

Hilton FULLER, Judge.

Procedural Background

Appellant George T. Smith is the Presiding Justice of the Supreme Court of Georgia. Appellant Harold Banke is a Presiding Judge of the Georgia Court of Appeals. The defendants are Georgia's governor, the Employees Retirement System of Georgia ("ERS") and its directors and trustees.

The appellants challenge ERS' interpretation of the provisions of O.C.G.A. § 47-2-244(c) concerning the age at which...

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