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BERRY v. PUBLIC EMP. RETIREMENT SYSTEM

No. 65499.

768 P.2d 898 (1989)

D.M. BERRY, for himself and all Retirants who retired prior to July 1, 1981, receiving benefits from the Oklahoma Public Employees Retirement System established pursuant to 74 Oklahoma Statutes, Section 901, et al., Appellants v. STATE of Oklahoma ex rel., OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellees.

Supreme Court of Oklahoma.

January 31, 1989.

Attorney(s) appearing for the Case

Michael Burrage, Joe Stamper, Stamper, Otis & Burrage, Antlers, Alan B. McPheron, McPheron, Webster & Craige, Durant, for appellants.

L.E. Stringer, Larry E. Joplin, Harvey D. Ellis, Jr., Crowe & Dunlevy, Oklahoma City, for appellees.

SUMMERS, Justice.

The plaintiff, D.M. Berry, appeals from the trial court's order granting summary judgment in favor of the defendant, Oklahoma Public Employees Retirement System (OPERS). Although filed as a class action, the trial court never reached the question of certification.1 Consequently, our decision reaches only the claims of Berry individually. We find that the proper construction of...

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