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STATE EX REL. DILLEY v. W. VA. PUB. EMP.

No. 19614.

401 S.E.2d 916 (1991)

STATE of West Virginia ex rel. Everett W. DILLEY, Norman R. Harlan, Ronald B. Henry, Warren H. Hosaflook, Harlan W. Kinnison, Mathew W. Kinsolving, Bryce A. Legg, Marion A. Mace, Stanley J. McNeill, Jimmy David Morris, James L. Reaser, Harry A. Stansbury, and Virgil G. Tacy, Jr. v. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, a Public Body Corporate; Glen B. Gainer, A. James Manchin, John F. McCuskey, Charles F. Fox, and Elizabeth Poundstone, as Members of the Board of Trustees of the West Virginia Public Employees Retirement System.

Supreme Court of Appeals of West Virginia.

February 13, 1991.

Attorney(s) appearing for the Case

Mario J. Palumbo, Atty. Gen., James A. Swart, Asst. Atty. Gen., Attorney General's Office, Charleston, for WV Public Employees Retirement System.

John O. Kizer, Kay, Casto, Chaney, Love & Wise, Charleston, for State ex rel. Everett W. Dilley et al.

MILLER, Chief Justice:

This is an appeal by the respondents below, the West Virginia Public Employees Retirement System (PERS) and its Board of Trustees (Board), from an order of the Circuit Court of Kanawha County, dated March 29, 1990, requiring the respondents to enroll the petitioners below, all current or former elected members of county boards of education (county boards), in the system. The respondents contend that...

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