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

> Supreme Court of Oklahoma · March 13, 2001 · 72 O.B.A.J. 824

URL: https://www.frixlaw.com/law-library/cases/5149460

## Case

- **Full name:** Cleveland KINZY, for himself and as a member of a class of Oklahoma firefighters v. STATE of Oklahoma, ex rel., OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 13, 2001
- **Citations:** 72 O.B.A.J. 824; 20 P.3d 818; 2001 OK 24; 2001 Okla. LEXIS 26
- **Precedential status:** Published
- **Opinion:** Concurrence by Opala
- **Judges:** Boudreau, Hargrave, Hodges, Kauger, Lavender, Opala, Summers, Watt, Winchester
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5149460

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5149460. Public record. Not legal advice.