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AVERY v. VIRGINIA RETIREMENT SYSTEM

Record No. 2325-98-4.

532 S.E.2d 348 (2000)

33 Va. App. 210

Linda K. AVERY v. VIRGINIA RETIREMENT SYSTEM.

Court of Appeals of Virginia, Richmond.

August 15, 2000.

Attorney(s) appearing for the Case

R. Scott Oswald, Alexandria (Noto & Oswald, P.C., on brief), for appellant.

Brian J. Goodman, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, COLEMAN, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK and HUMPHREYS, JJ.

BENTON, Judge.

This appeal arises under the Administrative Process Act from the trial judge's order remanding to the Virginia Retirement System a case decision for the purpose of awarding relief to Linda K. Avery. A panel of this Court held that the trial judge erred in denying Avery's application for attorney fees. In response to the Retirement System's cross-appeal, contending that "the circuit court did [not] have subject matter jurisdiction" over the controversy...

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