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DODGER'S BAR & GRILL v. JOHNSON CTY. BD. OF COM'RS

No. 95-3187.

98 F.3d 1262 (1996)

DODGER'S BAR & GRILL, INC., a corporation, d/b/a Bonita Flats Saloon, Rhondi Davis, Sheila King, Elizabeth Lucas, Rhonda Wheeler, Serena Parker, Melissa Jones, Melissa Finney, Cheri Davidson, Tammy Scheumeister, Anita Bower, Marley Weston, Suzy Kelly, Rachal Workman, Brooke Utz, Debra Maness, Gena Lilly, Laurie Boyer, Shelly Stewart, Vicki Smith, Jessica Allen, Deanna Hurst, Brenda Shook, Cyndi Schmidt, Susan Prince, Kristi Martin, Angela Thomas, Desiree Edwards, Orissa Hanson, Jackie Arnett, Robin Packard, Nicole Hestand, Jana Sullins, Nancy Sesler, Hester Ramey, Lewana Duncan, Sandy Watson, Chrissie Malloy, Tina L. Smith, Plaintiffs-Appellants, v. JOHNSON COUNTY BOARD OF COUNTY COMMISSIONERS, Johnna (NMI) Lingle, Chair, Johnson County Commissioner, Sue E. Weltner, Johnson County Commissioner, Bruce R. Craig, Johnson County Commissioner, Murray L. Nolte, Johnson County Commissioner, Dan (NMI) Hosfield, Johnson County Commissioner, Fred Allenbrand, Johnson County Sheriff, Paul (NMI) Morrison, Johnson County District Attorney, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 29, 1996.

Attorney(s) appearing for the Case

Brock R. Snyder, Topeka, Kansas, for Plaintiffs-Appellants.

LeeAnne Hayes Gillaspie, Johnson County Legal Department, Olathe, Kansas, for Defendants-Appellees Board of County Commissioners, and Lawrence L. Ferree, III, and Ronald C. Rundberg of Ferree, Bunn & Byrum, Overland Park, Kansas, for Defendant-Appellee Fred Allenbrand, Johnson County Sheriff.

Before ANDERSON, McWILLIAMS and ENGEL, Circuit Judges.

McWILLIAMS, Senior Circuit Judge.

This case originally was set for oral argument before this panel on May 13, 1996. On May 1, 1996, the parties filed with this court a stipulation for submission of the case on the briefs. On May 7, 1996, this panel, after examining the briefs and the appellate record, determined that oral argument would not materially assist the decisional process. Accordingly, we construed the stipulation as a motion to strike the case from the oral...

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