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No. 471300
United States Court of Appeals for the Fourth Circuit

Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System

No. 471300 · Decided June 6, 1986
No. 471300 · Fourth Circuit · 1986 · FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Fourth Circuit
Decided
June 6, 1986
Citation
No. 471300
Disposition
See opinion text.
Full Opinion
Plain English Summary
Plain-English summary coming soon. Read the opinion text below for the current holding.
Key Points
Frequently Asked Questions
Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System is a decision of the Fourth Circuit. Review the opinion text below for the holding.
FlawCheck shows no negative treatment for Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis Janice E. Osborne Leslie T. Simmons, on Behalf of Themselves and All Other Persons Similarly Situated v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Robert P. Almond Jerry A. Calloway Vernon G. Cox Allen E. Dail Janice D. Decker David W. Guthrie Brenda M. Herring Sherman L. Lewis, on Behalf of Themselves and All Other Persons Similarly Situated, and Janice E. Osborne Leslie T. Simmons v. Harlan E. Boyles, in His Official Capacity as Treasurer of the State of North Carolina and as Chairman of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System R. Eugene Ballard, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Ezra A. Bridges, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System M.L. Byrd, in His or Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System William C. Covington, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees Retirement System Withers Davis, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Colleen Jakes, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Horace Jernigan, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Dan W. Jones, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System v. Glenn Morton, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System A. Craig Phillips, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Theo H. Pitt, Jr., in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Linda I. Rader, in Her Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System E.T. Barnes, in His Official Capacity as Deputy Treasurer of the State of North Carolina and as Director of the Retirement Systems Division, Phillip J. Kirk, in His Official Capacity as Secretary, North Carolina Department of Human Resources Herman Gruber, in His Official Capacity as Director, Division of Services for the Blind, North Carolina Department of Human Resources Mary Ann Van Name, in Her Official Capacity as Chief of Business Enterprises, Division of Services for the Blind, North Carolina Department of Human Resources, and Thomas Z. Osborne, in His Official Capacity as a Member of the Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System Board of Trustees of the North Carolina Teachers' and State Employees' Retirement System in the current circuit citation data.
This case was decided on June 6, 1986.
Use the citation No. 471300 and verify it against the official reporter before filing.
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