KPERS v. REIMER & KOGER ASSOCS., INC.

No. 76,524.

262 Kan. 635 (1997)

941 P.2d 1321

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee, v. REIMER & KOGER ASSOCIATES, INC., et al., Appellants.

Supreme Court of Kansas.

Opinion filed June 27, 1997.


Attorney(s) appearing for the Case

Robert L. Howard, of Foulston & Siefkin, L.L.P., of Wichita, argued the cause, and Timothy B. Mustaine, of the same firm, was with him on the briefs for appellant Fran Jabara.

Thomas P. Sullivan, of Jenner & Block, of Chicago, Illinois, argued the cause, and David P. Sanders and David A. Schwartz, of the same firm; J. Paul Oetken, of Jenner & Block, of Washington, D.C.; and Elizabeth Drill Nay, of Lewis, Rice & Fingersh, L.C., of Kansas City, Missouri, were with him on the briefs for appellants Brown, Koralchik & Fingersh; Lewis, Rice & Fingersh, L.C.; Jacob Brown; Robert J. Campbell; William E. Carr; Peter M. DiGiovanni; Jack N. Fingersh; Alan G. Keith; Charles F. Miller; C. Robert Monroe; and H. Boone Porter, III.

Anne Lamborn Baker and Thomas E. Wright, of Wright, Henson, Somers, Sebelius, Clark & Baker, L.L.P., of Topeka, were on the briefs for appellants Cohen, Brame & Smith, P.C., and Roger C. Cohen.

David J. Waxse and Timothy M. O'Brien, of Shook, Hardy & Bacon, L.L.P., of Overland Park, and John K. Villa, Mary G. Clark, and Eric A. Kuhl, of Williams & Connolly, of Washington, D.C., were on the briefs for appellants Shook, Hardy & Bacon; defendant partners of Shook, Hardy & Bacon; and Shook, Hardy & Bacon, P.C.

Karen D. Wedel and R. Frederick Walters, of Walters, Bender & Strohbehn, P.C., of Kansas City, Missouri, were on the briefs for appellants Linde Thomson Langworthy Kohn & Van Dyke, P.C., and Thomas W. Van Dyke.

Heather S. Woodson, of Stinson, Mag & Fizzell, P.C., of Overland Park, and Lawrence M. Berkowitz and John C. Aisenbrey, of the same firm of Kansas City, Missouri, were on the briefs for appellants GKB, Inc., William D. Thomas, and G. Kenneth Baum.

Gregory F. Maher and Brian G. Boos, of Yeretsky & Maher, L.L.C., of Kansas City, Missouri, and Kathleen A. Hardee, of Gilliland & Hayes, P.A., of Kansas City, Missouri, were on the briefs for appellants Reimer & Koger Associates, Inc., Kenneth H. Koger, Brent Messick, and Edward Hart.

Marc K. Erickson, of Lathrop & Gage L.C., of Overland Park, and Timothy K. McNamara, of Kansas City, Missouri, were on the brief for appellant Frank L. Victor.

Wayne T. Stratton, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka; Steven D. Ruse, of Shughart, Thomson & Kilroy, P.C., of Overland Park; and R. Lawrence Ward, Russell S. Jones, Jr., and Richard M. Paul III, of Shughart, Thomson, & Kilroy, P.C., of Kansas City, Missouri, were on the briefs for appellants Blackwell Sanders Matheny Weary & Lombardi and Kutak Rock.

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; Eugene I. Pavalon and Geoffrey L. Gifford, of Pavalon & Gifford, of Chicago, Illinois; Bess Schenkier and Timothy K. McPike, of KPERS Litigation Group, of Chicago, Illinois; Robert F. Coleman, Eugene J. Schlitz, and Kenneth Philip Ross, of Robert F. Coleman & Associates, of Chicago, Illinois; and Robin R. LaFollette, James L. Ungerer, and Donald H. Loudon, Jr., of KPERS Litigation Group, of Shawnee Mission, were on the brief for appellee Kansas Public Employees Retirement System.

Thomas L. Theis, Jeffrey W. Jones, and Gregory J. Bien, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., of Topeka, were on the brief for amicus curiae Hershberger, Patterson, Jones & Roth, L.L.C.


The opinion of the court was delivered by

LARSON, J.:

These 10 combined interlocutory appeals arise out of 5 of the numerous pending cases filed by the Kansas Public Employees Retirement System (KPERS) against a number of individuals, accounting firms, and law firms to recover amounts lost in KPERS's direct placement investment programs.

The defendants filed motions for summary judgment, alleging KPERS's claims...

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