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BURKE v. ARIZONA STATE RETIREMENT SYSTEM

No. 2 CA-CV 2002-0035.

67 P.3d 712 (2003)

205 Ariz. 116

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.

April 29, 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 J.

¶ 1 The Arizona State Retirement System, the Arizona Board of Regents, and the State of Arizona (collectively, "ASRS") appeal from an award of attorney's fees to counsel representing state employee James Burke and a class of similarly situated state employees. ASRS argues the fee award is unreasonably high because the trial court erroneously applied the "common fund doctrine" in a fee-shifting case rather than the hourly...

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