Cantrell v. Board of Trustees of the Employees' Retirement System

Having been the author of the first Cantrell opinion, I find myself compelled to express my personal views. This is not solely because of the disagreement between my colleagues as to the impact of that ruling upon the instant appeal. My main motivation arises from a statement on page 7 of the Attorney General’s brief on the rehearing motion. That statement readsr'Tt is respectfully submitted that Judge Clark’s statement is not only dictum, but erroneous dictum, which could not possibly *452form the basis for 'law of the case’.” Being older and wiser, I now recognize the Attorney General’s…