BAILEY v. KIRK

No. 82-1417.

777 F.2d 567 (1985)

Garlin M. BAILEY, Plaintiff-Appellant, v. Inez KIRK, individually and in her official capacity as City Manager for the City of Sand Springs, Oklahoma; the Personnel Board for the City of Sand Springs, Oklahoma; W.B. Breisch, individually and in his official capacity as Chairman of the Personnel Board for the City of Sand Springs, Oklahoma; Jerry Tinsley, individually and in his official capacity as member of the Personnel Board for the City of Sand Springs, Oklahoma; Johnny Loughridge, individually and in his official capacity as member of the Personnel Board for the City of Sand Springs, Oklahoma; Lloyd Watkins, individually and in his official capacity as member of the Personnel Board for the City of Sand Springs, Oklahoma; Bill Pennifold, individually and in his official capacity as member of the Personnel Board for the City of Sand Springs, Oklahoma; Artie Palk, individually and in his official capacity as Mayor of the City of Sand Springs, Oklahoma; David Lundy, individually and in his official capacity as Vice Mayor of the City of Sand Springs, Oklahoma; Don Coble, individually and in his official capacity as Councilman for the City of Sand Springs, Oklahoma; Sam Childers, individually and in his official capacity as Councilman for the City of Sand Springs, Oklahoma; Tom Gilbert, individually and in his official capacity as Councilman for the City of Sand Springs, Oklahoma; Barry Hacker, individually and in his official capacity as Councilman for the City of Sand Springs, Oklahoma; Kim Tilley, individually and in his official capacity as Councilman for the City of Sand Springs, Oklahoma; and the City of Sand Springs, Oklahoma; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 14, 1985.


Attorney(s) appearing for the Case

Frank M. Hagedorn of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Tulsa, Okl., and P. Thomas Thornbrugh, Tulsa, Okl., were on the brief for plaintiff-appellant.

Floyd L. Walker and Laura Frossard of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl., were on the brief for defendants-appellees.

Before HOLLOWAY, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.


HOLLOWAY, Chief Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

On November 14, 1980, plaintiff Garlin M. Bailey commenced this action against defendants under 42 U.S.C. § 1983, seeking...

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