KPERS v. REIMER & KOGER ASSOCS., INC.

No. 74,394, No. 74,395.

261 Kan. 17 (1996)

927 P.2d 466

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff-Appellee, v. REIMER & KOGER ASSOCIATES, INC., KENNETH H. KOGER, and BRENT A. MESSICK, Defendants-Appellees/Cross-Appellants, and GAGE & TUCKER, L.C., Defendant-Appellant/Cross-Appellee. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff-Appellee, v. COHEN, BRAME & SMITH, P.C.; ROGER C. COHEN; REIMER & KOGER ASSOCIATES, INC.; and KENNETH H. KOGER, et al., Defendants-Appellees, and GAGE & TUCKER, L.C., Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1996.


Attorney(s) appearing for the Case

Jerome W. Pope, of Winston & Strawn, of Chicago, Illinois, argued the cause, and Dan K. Webb and Kurt L. Schultz, of the same firm, and Mark L. Bennett, of Bennett & Dillon, of Topeka, were with him on the briefs for appellant Gage & Tucker, L.C.

Anne Lamborn Baker, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, argued the cause, and Thomas E. Wright, of the same firm, was with her on the brief for defendant-appellees Cohen, Brame & Smith, P.C., and Roger C. Cohen.

Brian G. Boos, of Yeretsky & Maher, L.L.C., of Shawnee Mission, argued the cause, and Gregory F. Maher and James M. Yeretsky, of the same firm, and Kathleen A. Hardee, of Gilliland & Hayes, of Kansas City, Missouri, were with him on the brief for defendant-appellees/cross-appellants Reimer & Koger Associates, Inc., Kenneth H. Koger, and Brent A. Messick.

Frank M. Rice, of Schroer, Rice, P.A., of Topeka, argued the cause, and Gene E. Schroer and Charles D. McAtee, of the same firm, and Eugene I. Pavalon and Geoffrey L. Gifford, of Pavalon & Gifford, of Chicago, Illinois; Barry J. Freeman, Robert S. Atkins, Timothy K. McPike, and Bess Schenkier, of KPERS Litigation Group, of Chicago, Illinois; Robert F. Coleman, Eugene J. Schiltz, Kenneth Philip Ross, and Jerry S. Menge, of Robert F. Coleman & Associates, of Chicago, Illinois; and Robin R. LaFollette, Donald H. Loudon, Jr., and James L. Ungerer, of KPERS Litigation Group, of Shawnee Mission, were on the brief for appellee Kansas Public Employees Retirement System.


The opinion of the court was delivered by

DAVIS, J.:

This interlocutory appeal involves the construction and constitutional validity of the recently enacted Kansas Public Employees Retirement System (KPERS) settlement statute, K.S.A. 1995 Supp. 74-4904a. The question posed is whether the cross-claims for "contribution and noncontractual indemnity" filed by Reimer & Koger Associates, Inc., (Reimer & Koger) against appellants are discharged under the...

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