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KEY v. RUTHERFORD

No. 79-1305.

645 F.2d 880 (1981)

Thomas J. KEY, Plaintiff-Appellant, v. Bud RUTHERFORD, individually and in his official capacity as City Manager of the City of Stroud, Oklahoma; John Killingsworth, individually and in his official capacity as Mayor of the City of Stroud, Oklahoma; Clarence N. Van Meter, individually and in his official capacity as Councilman for the City of Stroud, Oklahoma; Levi Neese, individually and in his official capacity as Councilman for the City of Stroud, Oklahoma; Olen Bly, individually and in his official capacity as Councilman for the City of Stroud, Oklahoma; Eugene Rogers, individually and in his official capacity as Councilman for the City of Stroud, Oklahoma; The City of Stroud, Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 10, 1981.

Rehearing Denied May 22, 1981.

Attorney(s) appearing for the Case

Frank M. Hagedorn of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, Okl. (J. Kevin Hayes, P. Thomas Thornburgh, Tulsa, Okl., on brief), for plaintiff-appellant.

George W. Dahnke of Hastie & Kirschner, Oklahoma City, Okl. (Richard James of James & Gilmore, P. C., Stroud, Okl., on brief), for defendants-appellees.

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

SEYMOUR, Circuit Judge.

This civil rights claim was brought under 42 U.S.C. § 1983 by Thomas Key against the City of Stroud, Oklahoma, its City Manager Bud Rutherford, its Mayor John Killingsworth, and four members of the Stroud City Council. The City officials were named as defendants both individually and in their official capacities. In his amended complaint,1 Key alleges that he was unlawfully discharged from his position as police...

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