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GUNN v. UTAH STATE RETIREMENT BD.

No. 20051164-CA.

155 P.3d 113 (2007)

2007 UT App 4

Terry GUNN, Plaintiff and Appellant, v. UTAH STATE RETIREMENT BOARD aka Public Employees Health Program aka PEHP, Inc., Defendants and Appellees.

Court of Appeals of Utah.

January 5, 2007.

Attorney(s) appearing for the Case

James R. Hasenyager and Peter W. Summerill, Hasenyager & Summerill, Ogden, for Appellant.

David B. Hansen, Howard Phillips & Andersen, Salt Lake City, for Appellees.

Before BENCH, P.J., GREENWOOD, Associate P.J., and McHUGH, J.

OPINION

BENCH, Presiding Judge:

¶ 1 Terry Gunn appeals the district court's order granting Public Employees Health Program's (PEHP) motion to dismiss. We affirm.

BACKGROUND

¶ 2 The Utah State Retirement Office (the agency), an independent state agency, administers PEHP pursuant to the Public Employees' Benefit and Insurance Program Act. See Utah Code Ann. §§ 49-20-101, -407 (2002 & Supp.2006). Under this statutory...

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