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ROSEWITZ v. LATTING

Nos. 80-2253, 80-2258.

689 F.2d 175 (1982)

Pauline ROSEWITZ, Plaintiff-Appellant, Cross-Appellee, v. Patience LATTING, Mayor of the City of Oklahoma City, et al., Defendants-Appellees, James Cook, City Manager of the City of Oklahoma City, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 27, 1982.

Attorney(s) appearing for the Case

James Craig Dodd, Enid, Okl. (with Stephen Jones, Enid, Okl., on the brief), for plaintiff-appellant, cross-appellee.

Lawrence E. Naifeh, Oklahoma City, Okl. (Walter M. Powell, Municipal Counselor, and Thomas J. Roach, Jr., Asst. Municipal Counselor, Oklahoma City, Okl., on the brief), for defendant-appellee.

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

McKAY, Circuit Judge.

This appeal primarily concerns the procedural due process rights of a city employee. Appellant, Pauline Rosewitz, was terminated from her employment as a mail clerk in the City Treasurer's office by notice received July 12, 1973, effective that day. The City provided nonprobationary employees such as Ms. Rosewitz with a five-step grievance procedure1 for challenging terminations. Ms. Rosewitz waived the first two...

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