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ADAMS v. IRELAND

No. 26440.

528 S.E.2d 197 (1999)

207 W.Va. 1

Donald R. ADAMS and Mary Sue Adams, Plaintiffs below, Appellants, v. Betty IRELAND, in her capacity as Executive Secretary of the Consolidated Public Retirement Board; and Glen B. Gainer, III, in his capacity as State Auditor, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 15, 1999.

Attorney(s) appearing for the Case

Thomas J. Gillooly, Esq., Charleston, West Virginia, Attorney for Appellants.

Ancil G. Ramey, Esq., Steptoe & Johnson, Charleston, West Virginia, Attorney for Appellees.

PER CURIAM:

This appeal involves a February 2, 1999 order of the Circuit Court of Kanawha County. In the order, the circuit court dismissed a complaint filed by a retired state employee who sought mandamus relief and damages from the State of West Virginia's Consolidated Public Retirement Board. The circuit court ruled that the retired state employee had failed to state a claim when he alleged that the State, by amending...

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