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LEMONS v. CITY AND COUNTY OF DENVER

No. 78-1499.

620 F.2d 228 (1980)

Mary LEMONS et al., Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER et al., Defendants-Appellees, Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Craig S. Barnes, of Craig S. Barnes, P. C., Denver, Colo. (Mary T. Hoagland, of Craig S. Barnes, P.C., and Walter W. Garnsey, Jr., of Kelly, Haglund, Garnsey & Kahn, Denver, Colo., with him on the brief), for appellants.

Earl K. Madsen, of Bradley, Campbell & Carney, Golden, Colo. (Max P. Zall, City Atty., Brian H. Goral, Stanley M. Sharoff, and Thomas A. Gilliam, Asst. City Attys., Denver, Colo., with him on the brief), for appellees.

Walter P. DeForest and Peter D. Post, of Reed, Smith, Shaw & McClay, Pittsburgh, Pa., and Douglas S. McDowell, of McGuiness & Williams, Washington, D.C., on the brief for amicus Equal Employment Advisory Council.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

SETH, Chief Judge.

This is an action brought by several nurses who were employed by the City of Denver. The suit against the City seeks relief for sex discrimination under the Civil Rights Act, under 42 U.S.C. § 1983, and the fourteenth amendment. As it reaches us this is not an equal pay case, 29 U.S.C. § 206(d). A class was certified. The trial court found for the defendant City.

The challenge is to the...

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