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STATE EX REL. OKL. FIREFIGHTERS PENSION & RETIR. SYS. v. CITY OF SPENCER

No. 104,863.

237 P.3d 125 (2009)

2009 OK 73

STATE of Oklahoma ex rel., OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM, Plaintiff/Appellant v. CITY OF SPENCER, Oklahoma, and Nicole Mukes, City Manager of the City of Spencer in her official capacity, and Ronald Cummings, an individual, Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied June 21, 2010.

Attorney(s) appearing for the Case

Marc Edwards, Robert N. Sheets, Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, OK, for Appellant/Petitioner.

Ted Pool, Raymond A. Vincent, Pool Blankenship & Vincent, Oklahoma City, OK, for Appellee.1

OPALA, J.

¶ 1 The issue presented is whether the Court of Civil Appeals (COCA) erred when it affirmed the trial court's summary adjudication that denied the Oklahoma Firefighters Pension and Retirement System's request that the City of Spencer be ordered to terminate the employment of its recently-hired fire chief who was simultaneously declared to be ineligible for membership in the pension system. We answer in the affirmative.

I.

ANATOMY...

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