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HARVEY v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

No. 3098.

338 S.C. 500 (2000)

527 S.E.2d 765

James L. HARVEY, George N. Martin, III, W.T. Cave, James D. Beam, John H. Carmichael, Jr., and Judy Anderson, Respondents/Appellants, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; Parker Evatt, in his official capacity as Commissioner of Corrections, and South Carolina State Budget and Control Board, Appellants/Respondents.

Court of Appeals of South Carolina.

Decided January 10, 2000.

Rehearing Denied May 13, 2000.

Attorney(s) appearing for the Case

Kenneth L. Childs and Allen D. Smith, both of Childs & Halligan; Scott T. Justice, of Haynsworth, Baldwin, Johnson & Greaves, all of Columbia; and Thomas M. Christina, of Haynsworth, Baldwin, Johnson & Greaves, of Greenville, for appellants/respondents.

J. Lewis Cromer, of Cromer & Mabry; and Benjamin A. Dunn, II, of Zeeff & Mitchell, both of Columbia, for respondents/appellants.

CONNOR, Judge:

Several current and retired employees of the South Carolina Department of Corrections filed suit, claiming they were erroneously enrolled in the South Carolina Retirement System. The trial court agreed and ordered their retroactive enrollment in the Police Officers Retirement System, but denied their claim for attorney fees. We reverse the trial court's order concerning retroactive enrollment, but affirm the denial of attorney fees.

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