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BERG v. STATE BD. OF AGRICULTURE

No. 94SC629.

919 P.2d 254 (1996)

Roger D. BERG, Petitioner/Cross-Respondent, v. STATE BOARD OF AGRICULTURE and Public Employees' Retirement Association of Colorado, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 29, 1996.

Attorney(s) appearing for the Case

Morrisard, Rossi, Cox, Kiker & Inderwish, Professional Corporation, Marc J. Kaplan, Aurora, Law Offices of Bennett S. Aisenberg, P.C., Bennett S. Aisenberg, Denver, for Petitioner/Cross-Respondent.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Timothy R. Arnold, Deputy Attorney General, Jane R. Christman, First Assistant Attorney General, Tort Litigation Section, Denver, for Respondent/Cross-Petitioner State Board of Agriculture.

Hamilton and Faatz, A Professional Corporation, John T. Willson, Gregory W. Smith, Denver, for Respondent/Cross-Petitioner Public Employees' Retirement Association of Colorado.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review Berg v. State Board of Agriculture and Public Employees' Retirement Association of Colorado, No. 92CA1760 slip op. (Colo.App. July 14, 1994) (not selected for official publication), in which the court of appeals affirmed the denial of the defendants' motion for summary judgment on the basis of sovereign immunity, but upheld the granting of the motion on the basis of the statute...

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