Opinion

Kinzy v. State ex rel. Oklahoma Firefighters Pension & Retirement System

  • 72 O.B.A.J. 824
  • 20 P.3d 818
  • 2001 OK 24
  • 2001 Okla. LEXIS 26
Court
Supreme Court of Oklahoma
Filed
Mar 13, 2001
Status
Published
Author
Opala
On the bench
Boudreau, Hargrave, Hodges, Kauger, Lavender, Opala, Summers, Watt, Winchester
Cited by
16 cases
Authority
More cited than 22.5%

The opinion

OPALA, J.,

concurring.

T1 Although I concur in the court's judgment and in its opinion, I add a brief explanation of my own to reinforce the correctness of today's analysis for disposition of the time-barred claim. The gravamen of this action by Kinzy (the plaintiff who is suing for himself and as a member of a class) was not the defendant's (System's) breach of its fiduciary duty in administering the trust res but rather its mnon-performance of an ex contractu obligation elaimed to be due the Kinzy class of claimants. The court's application of the five-year time bar that was triggered by the contractual breach's occurrence is hence correct. See, e.g., Massachusetts Bonding & Ins. Co. v. Guthrie Sav. Bank, 85 Okla. 7 , 204 P. 299, 301 (1922).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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