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MALDONADO v. CITY OF ALTUS

No. 04-6062.

433 F.3d 1294 (2006)

Danny V. MALDONADO; Ruben D. Rios; Danny Alcorta; Henry O'Florian Martinez; Tommy R. Sanchez; Lloyd Lopez; Carlos Ramirez; Adrian B. Alonzo; Linda Mutchler; Frank Maldonado; Freddie Perez, Plaintiffs-Appellants, v. CITY OF ALTUS, Oklahoma, a municipal corporation; Michael Nettles, Administrator, in his individual and official capacities; Holmes Willis, Street Commissioner, in his individual and official capacities, Defendants-Appellees, American Civil Liberties Union of Oklahoma Foundation; Equal Employment Opportunity Commission, Amici-Curie.

United States Court of Appeals, Tenth Circuit.

January 11, 2006.

Attorney(s) appearing for the Case

Mark E. Hammons (Tamara L. Gowens, with him on the brief) of Hammons & Associates, Oklahoma City, OK, for Plaintiffs-Appellants.

Margaret McMorrow-Love, Oklahoma City, OK (David W. Kirk of Lytle, Soule & Curlee, Oklahoma City, OK, with her on the brief), for Defendants-Appellees, City of Altus, OK, and Michael Nettles.

Ambre Camille Gooch (David W. Lee with her on the brief), of Comingdeer, Lee & Gooch, Oklahoma City, OK, for Defendant-Appellee, Holmes Willis.

Tina L. Izadi, American Civil Liberties Union of Oklahoma Foundation, Oklahoma City, OK; Anne Noel Occhialinio (Eric S. Dreiband, General Counsel; Vincent J. Blackwood, Acting Associate General Counsel; Carolyn L. Wheeler, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Washington, D.C., for Amici Curiae.

Before SEYMOUR and HARTZ, Circuit Judges, and BRACK, District Judge.

HARTZ, Circuit Judge.

Plaintiffs are employees of the City of Altus, Oklahoma (City). They appeal the district court's grant of summary judgment dismissing all their claims against the City, the City Administrator, and the Street Commissioner (collectively referred to as Defendants). All claims arise out of the City's English-only policy for its employees. Asserting claims of both disparate-impact and disparate-treatment, Plaintiffs contend that the English-only policy...

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