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EAGON THROUGH EAGON v. CITY OF ELK CITY, OKL.

Nos. 94-6335, 94-6336 and 95-6006.

72 F.3d 1480 (1996)

Kristie EAGON, Through her parent Cindy EAGON; Tammy Hargues, through her parent Raymond E. Hargues; Melinda Hargues, through her parent Judy Hargues; Renee Anderson, through her parents Ted E. Anderson and Carolyn Anderson; Lee Mayberry, Plaintiffs-Appellees, Cross-Appellants, v. CITY OF ELK CITY, OKLAHOMA; George Easter, individually and in his official capacity as City Councilman; Don Wham, individually and in his official capacity as City Councilman; Basil Weatherly, individually and in his official capacity as City Councilman; William Brown, individually and in his official capacity as Mayor of Elk City; Guy Hylton, individually and in his official capacity as City Manager of Elk City; Nelda Burch, individually and in her official capacity as Chairman of Christmas in the Park, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

January 3, 1996.

Attorney(s) appearing for the Case

Micheal Salem, Norman, Oklahoma (Lanita Henricksen of Henricksen & Henricksen, El Reno, Oklahoma, with him on the brief) for Plaintiffs-Appellees/Cross-Appellants.

Timothy D. Eisel (Jim T. Priest with him on the brief) of McKinney, Stringer & Webster, P.C., Oklahoma City, Oklahoma, for Defendants-Appellants/Cross-Appellees.

Before ANDERSON, HOLLOWAY, and LUCERO, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellants the City of Elk City, George Easter, Don Wham, Basil Weatherly, William Brown, Guy Hylton, and Nelda Burch (collectively defendants) appeal a summary judgment in favor of plaintiff-appellees Kristie Eagon, Tammy Hargues, Melinda Hargues, Renee Anderson, and Lee Mayberry (collectively plaintiffs), upholding their First Amendment free speech claim, inter alia, (No. 94-6335). Plaintiffs cross-appeal from an order of...

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