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BD. OF CONTROL OF THE ERS OF ALA. v. HADDEN

2010259.

854 So.2d 1165 (2002)

BOARD OF CONTROL OF THE EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA v. James Lamar HADDEN.

Court of Civil Appeals of Alabama.

Certiorari Denied February 28, 2003.

Attorney(s) appearing for the Case

William T. Stephens and William F. Kelley, Jr., gen. counsel, Retirement Systems of Alabama, for appellant.

Ernest H. Hornsby of Farmer, Price, Hornsby & Weatherford, L.L.P., Dothan; and Cathey E. Berardi of Hebson, Liddon & Slate, Birmingham, for appellee.

Alabama Supreme Court 1020494.

On Application for Rehearing

CRAWLEY, Judge.

The opinion of this court issued September 13, 2002, is withdrawn, and the following is substituted therefor.

James Lamar Hadden served as sheriff of Houston County from January 1983 to January 1995. As sheriff, Hadden was not entitled to participate in the Employees' Retirement System of Alabama ("ERS"); instead, he made payments to the county's supernumerary...

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