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STATE OF NEW MEXICO v. CAUDLE

No. 12-01-00284-CV.

108 S.W.3d 319 (2002)

THE STATE OF NEW MEXICO, The State of New Mexico Educational Retirement Board, Delman Shirley, Pauline Turner, Michael Davis, Michael Montoya, Julie Neerken, Phillip Gonzales Alan Morgan, and David King, Appellants, v. Nancy CAUDLE, Mark Cobble, Phyllis Keys and James Rotter, Individually and as Representative of a Class of Others Similarly Situated, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled December 16, 2002.

Attorney(s) appearing for the Case

James N. Haltom, Patton, Haltom, Roberts, McWilliams & Greer, L.L.P., Texarkana, Mary M. Davis, David L. Swanson, Robert B. Gilbreath, Jenkins & Gilchrist, PC, Dallas, for appellants.

Owen S. Jones, Mark A. Carrigan, Maxine D. Goodman, Carringan, Lapin, Landa & Wilde, L.L.P., Houston, for appellees.

Panel consisted of GOHMERT, JR., C.J., WORTHEN, J., and GRIFFITH, J.

JIM WORTHEN, Justice.

Texas residents Nancy Caudle, Mark Cobble, Phyllis Keys, and James Rotter, individually and as representatives of a class of others similarly situated ("Appellees") brought suit in Anderson County, Texas, challenging the constitutionality of a New Mexico statute providing retirement benefits to employees of the State of New Mexico. The special appearance filed by the State of New Mexico, New Mexico Educational Retirement Board ("Retirement Board...

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