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HOPKINS v. OKL. PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 96-6302.

150 F.3d 1155 (1998)

Frances L. HOPKINS, personal representative of the estate of Robert E. "Bob" Hopkins, Plaintiff-Appellant, v. OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM, sued as State of Oklahoma, ex rel; Don Kilpatrick; Joseph Carter; Howard Conyers; Jean Coulter; Donald Keenan; Val Schott; W.R. Stubbs; David W. Way; John M. Crawford; Cody Graves; Richard Haugland; Oscar B. Jackson, Jr., and Tom Daxon, in their official capacities as Board Members of the Board of Trustees of the Oklahoma Public Employees Retirement System; Stephen C. Edmonds, Executive Director of the Oklahoma Public Employees Retirement System, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

E. Clyde Kirk, Stipe Law Firm, Oklahoma City, Oklahoma, for Plaintiff-Appellant.

Lisa Tipping Davis, Assistant Attorney General, Oklahoma City, Oklahoma (Barry K. Koonce, Assistant Attorney General, and Lydia Heimer Lee, General Counsel, Oklahoma Public Employees Retirement System, with her on the brief), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, and EBEL and BRISCOE, Circuit Judges.

EBEL, Circuit Judge.

This case presents the question whether a state's forfeiture of more than two-thirds of a retired state employee's pension, as a result of the employee's conviction for bribery after the employee has begun to collect his pension, violates either the Fifth or Eighth Amendments to the United States Constitution. We hold that the forfeiture is not unconstitutional under the Double Jeopardy Clause because of the doctrine of dual sovereigns, nor is...

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