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W.V. CONSOLIDATED PUBLIC RET. BD. v. WOOD

No. 13-0403.

757 S.E.2d 752 (2014)

WEST VIRGINIA CONSOLIDATED PUBLIC RETIREMENT BOARD, Respondent Below, Petitioner v. Keith A. WOOD, William E. Walkup, Ted M. Cheatham, Herbert E. Lattimore, Jr., and Johnny L.R. Fernatt, Petitioners Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 28, 2014.

Attorney(s) appearing for the Case

Lenna R. Chambers, Esq. , Bowles Rice LLP, Charleston, WV, for Petitioner.

Lonnie C. Simmons, Esq. , Elizabeth G. Kavitz, Esq. , DiTrapano, Barrett, DePiero, McGinley & Simmons, PLLC, Charleston, WV, for Respondents.

WORKMAN, Justice:

This is an appeal by the West Virginia Consolidated Public Retirement Board (hereinafter "the Board") from a March 20, 2013, order of the Circuit Court of Kanawha County. The Board contends that the circuit court erred in reversing the Board's finding that five employees of the State of West Virginia covered by the Public Employees Retirement System (hereinafter "PERS") were not entitled to certain military service credit available through West Virginia...

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