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Osage/Pawnee DA Files Lawsuit (Aug 16, 2012)

PAWHUSKA, Okla. (AP) - The district attorney representing Osage and Pawnee counties has filed a civil lawsuit against the state, arguing that Oklahoma officials violated federal law by declaring his position vacant when he was deployed to Afghanistan.

Rex Duncan argues that he should have accrued retirement benefits and been paid for part of his absence while on active duty. He claims the state violated the federal Uniformed Services Employment and Reemployment Rights Act.

Duncan is a colonel in the Oklahoma National Guard. He was mobilized shortly after he was sworn in as district attorney in 2011. Duncan tells the Tulsa World that his lawsuit isn't about money. He says he wants to ensure the state follows the law for employees called up to active duty.

The attorney general's office declined to comment.

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