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The case Eason v. Arkansas Local Police and Fire Retirement System, CA08-493 (Ark. App. 8/27/2008) (Ark. App., 2008) is available to members of PLoL.org.
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Michael W. EASON, Appellant,
v.
ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM, a/k/a Lopfi, Appellee.
CA08-493
Court of Appeals of Arkansas
En Banc
Opinion Delivered August 27, 2008.
Appeal from the Ouachita County Circuit Court, [CV-05-18-6], Hon. David F. Guthrie, Judge.
Motion Granted With Instructions.
On July 14, 2008, the appellee, Arkansas Local Police and Fire Retirement System (LOPFI), filed a motion to correct the record in this case. It was alleged that the record before this court did not contain the transcript of the administrative proceeding before the Board of Trustees of LOPFI and that the Board had relied on the testimony therein to reach its decision.
We agree that the transcript of the administrative proceeding is necessary to the determination of this case and that it is not in the record, although it was apparently made available to the Board below. Accordingly, we grant the motion to correct the record pursuant to Rule 6(e) of the Arkansas Rules of Appellate Procedure-Civil. However, the obligation to provide the record below was on the appellee pursuant to Arkansas Code ...