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BARRY v. UNIVERSITY OF ALASKA

No. S-10178.

85 P.3d 1022 (2004)

Douglas K. BARRY, Appellant, v. UNIVERSITY OF ALASKA, Appellee.

Supreme Court of Alaska.

February 27, 2004.

Attorney(s) appearing for the Case

John E. Havelock, Law Offices of John E. Havelock, Anchorage, for Appellant.

Mark E. Ashburn, Ashburn & Mason, P.C., Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The question presented is whether a pre-retirement release bars an employee's claim for a later breach of an employer's promise to recognize that the employee had twenty years of allowable service. We answer this question in the negative because a release cannot govern the enforceability of a promise to be performed after the release.

II. FACTS AND PROCEEDINGS

When his retirement...

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