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MITCHELL v. EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA

AV92000318 to AV92000320.

642 So.2d 480 (1994)

William E. MITCHELL v. EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA. James WELDON and Kenneth Fortner v. EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA. CITY OF AUBURN v. EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA.

Court of Civil Appeals of Alabama.

Rehearing Denied March 18, 1994.

Certiorari Denied May 20, 1994.

Attorney(s) appearing for the Case

Mark W. Lee and John M. Bergquist of Parsons, Lee & Juliano, Birmingham, for William E. Mitchell.

T. Dudley Perry, Jr. of Perry & Perry, Montgomery, for James Weldon and Kenneth Fortner.

William T. Stephens, Montgomery, for appellee.

Alabama Supreme Court 1930897 and 1930899.

YATES, Judge.

The City of Auburn, Alabama, and three former City employees filed a declaratory judgment action against the Retirement System of Alabama to determine if an employee of the City of Auburn is entitled, under the laws of Alabama, to use, in calculating retirement benefits, sums paid, in anticipation of retirement, for accrued sick leave and annual leave. Specifically, the City sought a determination that...

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