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SMITH v. DEPT. OF HUMAN SERVICES, STATE OF OKL.

Nos. 87-2054, 87-2111.

876 F.2d 832 (1989)

Gladys G. SMITH, Administratrix of the Estate of Ray L. Smith, Plaintiff-Appellant and Cross-Appellee, v. DEPARTMENT OF HUMAN SERVICES, STATE OF OKLAHOMA, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1989.

Attorney(s) appearing for the Case

E.V. Spadafora of Spadafora & Neugebauer, Oklahoma City, Okl., for plaintiff-appellant and cross-appellee.

Richard W. Freeman, Jr., Asst. Gen. Counsel (Charles Lee Waters, Gen. Counsel, David A. Brown, Asst. Gen. Counsel, with him on the brief), Dept. of Human Services, Oklahoma City, Okl., for defendant-appellee and cross-appellant.

Before BALDOCK, BRORBY and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

On August 20, 1982, Ray L. Smith (Smith), then 59 years of age, was terminated by his employer, the Oklahoma Department of Human Services (DHS). Smith's appeal of that termination decision was dismissed by the Oklahoma Ethics & Merit Commission (Commission). Smith sought review of the Commission's decision in Oklahoma state court, requesting that he be reinstated to his former position and receive back pay. Prior to the rendering of the...

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