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JOHANSEN v. CITY OF BARTLESVILLE, OKL.

No. 84-2753.

862 F.2d 1423 (1988)

Robert T. JOHANSEN, Kenneth O. Olson, and Delbert Starrett, Plaintiffs-Appellants, v. The CITY OF BARTLESVILLE, OKLAHOMA, a Municipal Corporation; Arch Robbins, Mayor of the City of Bartlesville, Oklahoma; Robert Kurland, Vice Mayor of the City of Bartlesville, Oklahoma; and Michael Proctor, City Commissioner of the City of Bartlesville, Oklahoma, Defendants-Appellees. and American Stores Properties, Inc. and Price-75 Development Co., Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

December 9, 1988.

Attorney(s) appearing for the Case

Michael L. Seymour, Linger & Seymour, Tulsa, Okl., for plaintiffs-appellants.

Kent L. Jones, Tulsa, Okl. (Donald L. Kahl and Orval E. Jones of Hall, Estill, Hardwick, Gable, Collingsworth & Nelson, Inc., Tulsa, Okl., were also on the brief), for intervenors-appellees.

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

HOLLOWAY, Chief Judge.

This appeal arises from a dispute over the rezoning of a tract of land from residential to commercial use in Bartlesville, Oklahoma. The parties include citizens opposed to the rezoning, Robert T. Johansen, Kenneth O. Olson, and Delbert Starrett, the plaintiffs-appellants (Plaintiffs); the City of Bartlesville (City) and several of its municipal officers, Arch Robbins, Robert Kurland, and Michael Proctor (Commissioners), the defendants-appellees...

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