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RUBIN v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 52,303

229 Kan. 575 (1981)

629 P.2d 148

MANUEL L. RUBIN, Appellant, v. KPERS and THE STATE OF KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1981.

Attorney(s) appearing for the Case

Gary R. Terrill, of McCullough, Wareheim & LaBunker, of Topeka, argued the cause and John M. Ostrowski, of the same firm, was with him on the brief for appellant.

Janet A. Chubb, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, was with her on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

Manuel L. Rubin appeals from a judgment of the district court which denied resumption of long-term disability payments under the Kansas Public Employees Retirement System (KPERS), K.S.A. 74-4901 et seq. (Weeks). After receiving disability payments due to a mental or nervous condition for two years the payments were terminated. Rubin sued KPERS and the State of Kansas to compel resumption of the disability...

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