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BD. TRUSTS ARK. PUB. EMP. RET. SYS. v. GARRISON

No. CV-17-865.

576 S.W.3d 485 (2019)

2019 Ark. App. 245

BOARD OF TRUSTEES OF the ARKANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Craighead Nursing Center, Hudson Memorial Nursing Home, and Lawrence Hall Nursing Home, Appellants v. Martha Ella GARRISON, Shawn Marie Hall, Michelle Dawson, Willie Mae Dawson, and Nichelle Underwood, Appellees.

Court of Appeals of Arkansas, DIVISIONS III & IV.

Opinion Delivered: May 1, 2019.

Attorney(s) appearing for the Case

Frank J. Wills III , for appellant Board of Trustees of the Arkansas Public Employees Retirement System.

Waddell, Cole & Jones, PLLC, by: Paul D. Waddell and Justin Parkey , Jonesboro, for appellants Craighead Nursing Center and Lawrence Hall Nursing Home.

Quattlebaum, Grooms & Tull, PLLC, Little Rock, by: Michael Heister , for appellant Hudson Memorial Nursing Home.

Hall & Taylor Law Partners, by: Randy Hall , Little Rock and Mattie Taylor ; and Law Offices of Gary Green, Little Rock, by: Gary Green , for appellees.

McMillan, McCorkle & Curry, LLP, Arkadelphia, by: F. Thomas Curry , for amici curiae Woodruff Nursing Home Board and Woodruff County Health Center.

On July 28, 2014, the Board of Trustees (Board of Trustees) of the Arkansas Public Employees Retirement System (APERS) issued findings of fact and conclusions of law finding that the appellees, all former employees of county-owned nursing homes, were not eligible for membership in APERS. The Board of Trustees determined...

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