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SHERMAN v. OHIO PUBLIC EMPLOYEES RETIREMENT

No. 18AP-181.

129 N.E.3d 974 (2019)

2019-Ohio-278

Jeffrey P. SHERMAN, Plaintiff-Appellant, v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered January 29, 2019.

Attorney(s) appearing for the Case

On brief: Dworken & Bernstein Co., L.P.A., Patrick J. Perotti , Nicole T. Fiorelli , and Frank A. Bartela , Akron, for appellant. Argued: Nicole T. Fiorelli, Painesville.

On brief: [ Dave Yost ], Attorney General, and Benesch, Friedlander, Coplan & Aronoff LLP, John F. Stock , and Mark D. Tucker , special counsel for appellee. Argued: Mark D. Tucker, Columbus.

DECISION

Plaintiff-appellant, Jeffery P. Sherman, appeals from a judgment entry of the Franklin County Court of Common Pleas granting the motion to dismiss of defendant-appellee, Ohio Public Employees Retirement System ("OPERS"), for failure to state a claim. For the following reasons, we reverse.

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