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BURKE v. ARIZONA STATE RETIREMENT SYSTEM

No. 2 CA-CV 2002-0035.

77 P.3d 444 (2003)

206 Ariz. 269

James J. BURKE, Plaintiff/Appellee, v. ARIZONA STATE RETIREMENT SYSTEM, an agency of the State of Arizona; the State of Arizona; and the Arizona Board of Regents, an agency of the State of Arizona, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

October 6, 2003.

Attorney(s) appearing for the Case

Leonard Felker Altfeld Greenberg & Battaile, P.C., By John F. Battaile III, Anne-Marie Brady, and Clifford B. Altfeld, Tucson, for Plaintiff/Appellee.

Terry Goddard, Arizona Attorney General, By Daniel P. Schaack, Catherine M. Stewart, Paul E. Carter, and Fred W. Stork, Phoenix, for Defendants/Appellants.

OPINION

ESPINOSA, Chief Judge.

¶ 1 The Arizona State Retirement System, the Arizona Board of Regents, and the State of Arizona (collectively, "ASRS") previously appealed from a post-settlement award of attorney fees to counsel representing state employee James Burke and a class of similarly situated state employees. ASRS argued the fee award was unreasonably high because the trial court erroneously applied the "common fund doctrine" rather than...

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