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GRIMSLEY v. S.C. LAW ENFORCEMENT DIV.

No. 27085.

396 S.C. 276 (2012)

721 S.E.2d 423

Phillip D. GRIMSLEY, Sr., and Roger M. Jowers, on behalf of themselves and others similarly situated, Appellants, v. SOUTH CAROLINA LAW ENFORCEMENT DIVISION and the State of South Carolina, Defendants, Of which the State of South Carolina is the, Respondent.

Supreme Court of South Carolina.

Decided January 3, 2012.

Attorney(s) appearing for the Case

A. Camden Lewis and W. Jonathan Harling , both of Lewis & Babcock, John A. O'Leary and James Walter Fayssoux, Jr. , both of O'Leary Associates, and Richard A. Harpootlian , all of Columbia, for Appellants.

Attorney General Alan Wilson , Assistant Deputy Attorney General J. Emory Smith, Jr. , of Columbia, for Respondent.

Justice KITTREDGE:

This is an appeal from the trial court's order granting the State's motion to dismiss. We reverse and remand.

Appellants are rehired employees of the South Carolina Law Enforcement Division (SLED). Appellants' claims arise from the contention that SLED has imposed a requirement in a statutorily authorized retirement program that is contrary to law. The trial court dismissed the complaint for failure...

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