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McMINN v. CITY OF OKLAHOMA CITY

Nos. 86189, 86226.

952 P.2d 517 (1997)

1997 OK 154

Elisa McMINN, Executrix of the Estate of Henry C. McMinn, Deceased, Plaintiff/Appellee, Counter Appellant, v. The CITY OF OKLAHOMA CITY, a Municipal Corporation, Defendant/Appellant Counter Appellee, Board of County Commissioners of Oklahoma County, Oklahoma; and Oklahoma City-County Health Department, Defendants. Elisa R. McMINN, Executrix of the Estate of Henry C. McMinn, Deceased, Plaintiff/Appellee Counter Appellant, v. BOARD OF COUNTY COMMISSIONERS OF OKLAHOMA COUNTY, Oklahoma, and City of Oklahoma City, a Municipal Corporation, Defendants/Appellants Counter Appellees, and Oklahoma City-County Health Department, Defendant.

Supreme Court of Oklahoma.

December 23, 1997.

Attorney(s) appearing for the Case

Robert W. Amis, Easley & Amis, Piano, Texas, for Elisa McMinn.

William O. West, Patricia Sellers Dennis, Oklahoma City, for the City of Oklahoma City.

Robert H. Macy, District Attorney, Aletia Haynes Timmons, Assistant District Attorney, Oklahoma City, for Board of County Commissioners, Oklahoma County.

Greg James, James & Wagner, Oklahoma City, for Oklahoma City-County Health Department.

SUMMERS, Vice Chief Justice.

¶ 1 Two appeals arising out of the same litigation are disposed of in this opinion. The essential questions are (1) is the estate of a former City County Health Department employee entitled to the retirement benefits he would have received had he been simply a City employee? (2) Did the employee's estate have due process in the trial court's calculation of the amount due? (3) May one division...

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