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KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM v. RUSSELL

No. 97-1879.

140 F.3d 748 (1998)

KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Plaintiff-Appellant, v. Michael K. RUSSELL, an individual, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1998.

Attorney(s) appearing for the Case

Kenneth Philip Ross, Chicago, IL, argued (Robert F. Coleman, Eugene J. Schiltz, Timothy K. McPike, Eugene I. Pavalon and Geoffrey L. Gifford, on the brief), for Plaintiff-Appellant.

Before McMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

The Kansas Public Employees Retirement System (KPERS) appeals the order of the District Court granting summary judgment to Michael Russell. The court granted summary judgment on the basis of a prior order in which it found KPERS's claims against Russell's co-defendants to be time barred. KPERS asserts that summary judgment must be reversed in light of an intervening decision of the Kansas Supreme Court. We agree and hold that KPERS's claims...

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