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STATE v. NATIONWIDE LIFE INS. CO.

No. WD 72383.

340 S.W.3d 161 (2011)

STATE of Missouri, Office of Administration, et al., Appellants, v. NATIONWIDE LIFE INSURANCE CO., et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 2011.

Application for Transfer Denied June 28, 2011.

Attorney(s) appearing for the Case

James R. Layton , Peggy A. Whipple , Mark E. Long , Jennifer Redel-Reed , Jefferson City, MO, for appellants.

James B. Deutsch , Marc H. Ellinger , and Thomas W. Rynard , Jefferson City, MO, for respondents.

Before Division Three: CYNTHIA L. MARTIN, Presiding Judge, JAMES E. WELSH, Judge and GARY D. WITT, Judge.

CYNTHIA L. MARTIN, Judge.

This dispute arises out of Nationwide Life Insurance Co.'s ("Nationwide") withholding of an $18,586,379.65 market value adjustment ("MVA") from the State's deferred compensation fund assets transferred by Nationwide to a new investment provider on June 2, 2006. The State of Missouri, Office of Administration, and Missouri State Employees Deferred Compensation Commission (collectively hereinafter referred to as "the State") filed suit against...

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