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GRUSENDORF v. CITY OF OKLAHOMA CITY

No. 85-1807.

816 F.2d 539 (1987)

Greg GRUSENDORF, Plaintiff-Appellant, v. CITY OF OKLAHOMA CITY, a municipal corporation; Jimmy R. Catledge, Fire Chief, City of Oklahoma City; Paul Benson, Assistant Fire Chief, City of Oklahoma City and John D. Parasich, Assistant Training Officer, City of Oklahoma City, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 17, 1987.

Attorney(s) appearing for the Case

Steven M. Angel of Hughes & Nelson, Oklahoma City, Okl., for plaintiff-appellant.

Diane Davis Huckins, Asst. Mun. Counselor (Robert D. Allen, Mun. Counselor, with her on the brief), Oklahoma City, Okl., for defendant-appellee, City of Oklahoma City, Okl.

Richard C. Smith, Asst. Mun. Counselor, Oklahoma City, Okl., for defendants-appellees, Catlege, Benson and Parasich.

Before BARRETT and TACHA, Circuit Judges, and JENKINS, District Court Judge.

BARRETT, Circuit Judge.

On December 14, 1984, appellant Greg Grusendorf took three puffs from a cigarette while on a lunch break from his job as a firefighter trainee with the Oklahoma City Fire Department. He was fired that afternoon by his supervisor on the grounds that he had violated the terms of an agreement he signed as a precondition of employment that he would not smoke a cigarette, either on or off duty, for a period of one year from the time he began work...

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