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W.VA. CONSOL. PUB. RETIRE. BD. v. WEAVER

No. 33864.

671 S.E.2d 673 (2008)

WEST VIRGINIA CONSOLIDATED PUBLIC RETIREMENT BOARD, Petitioner Below, Appellee, v. Jerry Allen WEAVER, A Retiree of the West Virginia Public Employees Retirement System, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 10, 2008.

Attorney(s) appearing for the Case

Leah Perry Macia, Stephanie L. Ojeda, Eric E. Kinder, Randal M. Whitlatch, Spilman Thomas & Battle, PLLC, Charleston, for Appellant.

J. Jeaneen Legato, West Virginia Consolidated Public Retirement Board, Charleston, for Appellee.

DAVIS, Justice.1

The appellant herein and respondent below, Jerry Allen Weaver (hereinafter "Mr. Weaver"), appeals from an order entered July 23, 2007, by the Circuit Court of Kanawha County. By that order, the circuit court determined that Mr. Weaver, who is a retiree of the West Virginia Public Employees Retirement System (hereinafter "PERS"), had forfeited his right to receive benefits therefrom because he had rendered "less than honorable...

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