LINTHECOME v. BOARD OF TRUSTEES

No. 49A05-9107-CV-224.

585 N.E.2d 651 (1991)

Larry W. LINTHECOME, Appellant-Plaintiff, v. The BOARD OF TRUSTEES of the Public Employees' Retirement Fund, an Agency of the State of Indiana, and Willis Booker, Appellees-Defendants.

Court of Appeals of Indiana, First District.

Publication Ordered January 31, 1992.


Attorney(s) appearing for the Case

W.F. Kennedy, Jr., Kothe Claycombe Kortepeter & McPherson, Indianapolis, for appellant-plaintiff.

James P. Cavanaugh, III, Martin Wade Hartley & Hollingsworth, Linley E. Pearson, Atty. Gen., Wayne E. Uhl, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellees-defendants.


ROBERTSON, Judge.

Larry W. Linthecome appeals from the dismissal of his complaint to declare him the proper recipient of his deceased mother's pension benefits. The Board of Trustees of the Public Employees' Retirement Fund filed a motion to dismiss based, in part, on its assertion that the trial court lacked jurisdiction over the subject matter, as it was outside the procedures provided by the Administrative Adjudication Act (AAA). The trial court granted the motion...

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