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STATE, DEPT. OF TRANSP. v. PERS

No. 38388.

83 P.3d 815 (2004)

The STATE of Nevada ex rel. DEPARTMENT OF TRANSPORTATION, Appellant, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF NEVADA, a Public Agency, Respondent.

Supreme Court of Nevada.

January 30, 2004.

Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, and Brian R. Hutchins, Chief Deputy Attorney General, Carson City; Easterly Armstrong & Lambert and John E. Lambert, Elko, for Appellant.

Woodburn & Wedge and W. Chris Wicker, Reno, for Respondent.

Before the Court En Banc.

OPINION

SHEARING, C.J.

This is an appeal from a district court order granting a petition for writ of mandamus, directing the Nevada Department of Transportation (NDOT) to pay the Public Employees' Retirement System of Nevada (PERS) $345,284.62 for back employee and employer contributions plus interest on behalf of five archeologists whom NDOT treated as independent contractors instead of employees. We affirm the judgment of the district court.

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