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IN THE SUPREME COURT OF MISSISSIPPI NO. 97-IA-01214-SCT PUBLIC EMPLOYEES RETIREMENT SYSTEM OF MISSISSIPPI (PERS) v. ARMIS E. HAWKINS ORDER This matter has come before the Court en banc on Motion for Rehearing filed by the Public Employees Retirement System of Mississippi (PERS), seeking rehearing of the decision on the merits rendered by the Court in this cause. Having considered the motion, the Court has determined that its opinion in the matter should be withdrawn and that the Motion for Rehearing should be dismissed as moot. Now, having further considered the propriety of their further participation, Presiding Justice Banks and Justices Waller and Cobb, upon issuance of this Order, recuse themselves from further participation on the merits of the case. Although no motion for recusal has been filed in this case, Chief Justice Prather, Presiding Justice Pittman and Justices Smith and Mills heretofore elected not to participate in the decision on the merits of the case. Presiding Justice Sullivan, who did participate is now deceased. Concurrently with the issuance of this Order, the Court is issuing an order finding that there are insufficient Justices available to form a quorum of the Court for further consideration on the merits of the case and directing that, unless the attorneys in the case can agree upon members of the bar to serve as Special Justices, the Governor should be advised of the need to commission others to serve in this case. IT IS THEREFORE ORDERED, that the opinion rendered by this Court in this cause be and the same is hereby withdrawn and that the Motion for Rehearing is dismissed as moot, and that the undersigned further recuse themselves from further participation on the merits of this case. SO ORDERED, this the 17th day of October, 2000. /s/ Fred L. Banks, Jr. FRED L. BANKS, JR., PRESIDING JUSTICE /s/ William L. Waller, Jr. WILLIAM L. WALLER, JR., JUSTICE /s/ Kay B. Cobb KAY B. COBB, JUSTICE

BANKS, P.J., FILES SEPARATE STATEMENT ON ORDERS JOINED BY WALLER AND COBB, JJ. McRAE, J., DISSENTS FROM THE WITHDRAWAL OF THE FORMER OPINION AND THE APPOINTMENT OF SPECIAL JUSTICES AND FILES SEPARATE STATEMENT ON ORDERS. DIAZ, J., DISSENTS FROM THE WITHDRAWAL OF THE FORMER OPINION AND THE APPOINTMENT OF SPECIAL JUSTICES AND FILES SEPARATE STATEMENT ON ORDERS.

PRATHER, C.J., PITTMAN, P.J., SMITH AND MILLS, JJ., NOT PARTICIPATING. BANKS, PRESIDING JUSTICE, STATEMENT ON ORDER:

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Mississippi Law