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KINZY v. FIREFIGHTERS PENSION & RETIREMENT SYSTEM

No. 96,573.

44 P.3d 580 (2002)

2002 OK CIV APP 36

Cleveland KINZY, for himself and as a member of a class of Oklahoma Firefighters, Plaintiff/Appellant, v. STATE of Oklahoma, ex rel. OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

February 15, 2002.

Attorney(s) appearing for the Case

Stephen G. Solomon, Derryberry, Quigley, Solomon & Neifeh, Oklahoma City, OK, for Plaintiff/Appellant.

Marc Edwards, Phillips, McFall, McCaffrey McVay & Murrah, P.C., Oklahoma City, OK, for Defendant/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

KENNETH L. BUETTNER, Judge.

¶ 1 Plaintiff (Pensioner/Firefighter) sued to recover retroactive cost of living adjustment (COLA) retirement benefits. The Oklahoma Supreme Court reversed the trial court's order and held that the claim was time-barred. It remanded the matter with directions to enter judgment denying recovery...

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