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WALKER v. BD. OF TRUSTEES

No. 482PA97.

499 S.E.2d 429 (1998)

348 N.C. 63

James E. WALKER, Individually and as Administrator of the Estate of Sarah S. Walker, Petitioner, v. The BOARD OF TRUSTEES OF THE NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, Respondent.

Supreme Court of North Carolina.

April 3, 1998.

Attorney(s) appearing for the Case

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A. by John W. Gresham, Charlotte, for petitioner-appellant.

Michael F. Easley, Attorney General by Alexander McC. Peters, Special Deputy Attorney General, for respondent-appellee.

WHICHARD, Justice.

On 5 October 1993 James E. Walker, petitioner, filed a petition for a contested case hearing with the Office of Administrative Hearings. Petitioner challenged a decision of the Board of Trustees of the North Carolina Local Governmental Employees' Retirement System (the Board) denying petitioner a benefit based upon the death of his wife while in local government service.

Petitioner's wife began work for Mecklenburg County in December 1977...

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