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WEISS v. McLEMORE

No. 07-12.

268 S.W.3d 897 (2007)

Richard WEISS, Director, Arkansas Department of Finance and Administration; Steve Dozier, Director, Department of Arkansas State Police; Gail H. Stone, Executive Secretary, Arkansas State Police Retirement System; Steve Smith, Steve Dozier, Tim Carter, W.H. McWhirter, Blake Wilson, David Rosegrant, George B. Harp, Trustees, Arkansas State Police Retirement System, Appellants, v. Roger McLEMORE, Charles McLemore, and Mike Hall, Individually and on Behalf of a Class Consisting of Members of the Arkansas State Police Retirement System, Appellees.

Supreme Court of Arkansas.

November 29, 2007.

Attorney(s) appearing for the Case

Dustin McDaniel, Att'y Gen., by: Patricia Van Ausdall Bell, Ass't Att'y Gen., for appellant.

Newell & Hargraves, by: C. Burt Newell, Hot Springs, for appellees.

TOM GLAZE, Justice.

This appeal questions whether Ark.Code Ann. § 24-6-205 (Repl.2000) evidences an intent on the part of the General Assembly to waive the State's sovereign immunity. The underlying lawsuit began in 2005, when several Arkansas State Police officers filed suit against the State alleging that the Arkansas State Police Retirement System (ASPRS or "Retirement System") had been systematically underfunded.

The plaintiff officers in this case...

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