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LAYMAN v. STATE

No. 26427.

376 S.C. 434 (2008)

658 S.E.2d 320

Nancy S. LAYMAN, David M. Fitzgerald, Vicki K. Zelenko, Wyman M. Looney, Nancy Ahrens, James Haynes, and Janice Franklin, on behalf of themselves and all others similarly situated, Respondents/Appellants v. The STATE of South Carolina and The South Carolina Retirement System, Appellants/Respondents.

Supreme Court of South Carolina.

Decided January 28, 2008.

Rehearing Denied March 10, 2008.

Opinion Modifying Attorneys' Fees March 10, 2008.

Attorney(s) appearing for the Case

David K. Avant and Kelly H. Rainsford, both of The South Carolina Retirement System, of Columbia, and Robert E. Stepp, Roland M. Franklin, Jr., Amy L.B. Hill, and Tina Cundari, all of Sowell Gray Stepp & Lafitte, of Columbia, for Appellants/Respondents.

A. Camden Lewis, Keith M. Babcock, and Ariail E. King, all of Lewis & Babcock, of Columbia, and Richard A. Harpootlian, of Columbia, for Respondents/Appellants.

Michael R. Hitchcock, David A. Good, and Mikell C. Harper, all of Columbia, for Amici Curiae the Honorable Glenn F. McConnell and the Honorable Robert W. Harrell, Jr.

Chief Justice TOAL:

This is an appeal of an award of $8.66 million in attorneys' fees. The circuit judge, acting pursuant to a prior order of this Court, awarded fees under a statute authorizing attorneys' fees and both parties appealed. We affirm the circuit judge's decision to award attorneys' fees, but reduce the amount awarded due to several errors of law in the circuit judge's decision.

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