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BROADRICK v. STATE OF OKLAHOMA EX REL. OKL. PERSON. BD.

Civ. No. 71-696.

338 F.Supp. 711 (1972)

William M. BROADRICK et al., Plaintiffs, v. The STATE OF OKLAHOMA ex rel. The OKLAHOMA STATE PERSONNEL BOARD et al., Defendants.

United States District Court, W. D. Oklahoma.

February 14, 1972.

Attorney(s) appearing for the Case

Terry Shipley, Noble, Okl., and John C. Buckingham, Oklahoma City, Okl., for plaintiffs.

Jack Swidensky, Gen. Counsel, and Harvey Cody, Conservation Atty., for defendant, Corp. Comm. and Commissioners.

Larry Derryberry, Atty. Gen. of Okl., Mike D. Martin, Paul C. Duncan, Jr., and Odie A. Nance, Asst. Attys. Gen., for defendants State of Okl. ex rel. The Okl. State Personnel Bd., Members and Director thereof, and defendant Larry Derryberry, Atty. Gen.

Before HOLLOWAY, Circuit Judge, and DAUGHERTY and EUBANKS, District Judges.

MEMORANDUM OPINION

EUBANKS, District Judge.

BACKGROUND AND OUTLINE OF THE ISSUES

This is a declaratory class action brought by three employees of the Oklahoma Corporation Commission seeking an Order of this Court declaring a portion of the Oklahoma Merit System of Personnel Administration Act to be unconstitutional. Jurisdiction is conceded under 42 U.S.C. § 1983 and a three-judge court was convened to hear the matter pursuant to 28 U.S.C...

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