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STATE EX REL. PERA v. LONGACRE

No. 20,787.

33 P.3d 906 (2001)

131 N.M. 156

2001-NMCA-076

STATE of New Mexico ex rel. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, Plaintiff-Appellant, v. Lawrence LONGACRE, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted September 28, 2001.

Attorney(s) appearing for the Case

G.T.S. Khalsa, Santa Fe, NM, for Appellant.

George T. Geran, Santa Fe, NM, for Appellee.

Certiorari Granted, No. 27,135, September 28, 2001.

OPINION

BUSTAMANTE, Judge.

{1} Appellant, Public Employees Retirement Association (PERA), appeals from a summary judgment rendered in favor of Defendant/Appellee, Lawrence Longacre (Lawrence), arguing that NMSA 1978, § 10-11-4.2(A) (1997) unconstitutionally limits its ability to recover overpayments made to Maria Longacre, Lawrence's deceased spouse. We agree Section 10-11-4.2(A) violates...

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