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JOHNSON v. BD. OF CONTROL OF EMP. RETIREMENT SYSTEM

1980406.

740 So.2d 999 (1999)

Inge P. JOHNSON v. BOARD OF CONTROL OF the EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA.

Supreme Court of Alabama.

Rehearing Overruled June 25, 1999.

Attorney(s) appearing for the Case

J. Mark White and William M. Bowen, Jr., of White, Dunn & Booker, Birmingham, for appellant.

William T. Stephens and William F. Kelley, Jr., Montgomery, for appellee.

James C. Barton, Artur G. Davis, and Anna R. Minor of Johnston, Barton, Proctor & Powell, L.L.P., Birmingham, for amici curiae Alabama Ass'n of Circuit Judges and Alabama Ass'n of District Judges, in support of Judge Inge P. Johnson, on application for rehearing.

SHORES, Justice.

This case involves purely a question of law that has not heretofore been addressed by this Court: Does a circuit judge who meets the eligibility requirements for retirement as provided by Ala. Code 1975, § 12-18-6(b)(5), lose the right to those benefits upon his or her appointment as a United States district judge?

Inge Johnson, a circuit judge, who participated in the Judicial Retirement System for almost 20 years, has appealed from...

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