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SMITH v. CITY OF ENID

No. 97-6223.

149 F.3d 1151 (1998)

Cecil M. SMITH, Plaintiff-Appellant, v. CITY OF ENID, by and through the ENID CITY COMMISSION, Defendant-Appellee, Enid Fire Department Civil Service Commission, Defendant, Oklahoma Firefighters Pension and Retirement System, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

July 15, 1998.

Attorney(s) appearing for the Case

Phyllis L. Walta (Frank E. Walta with her on the briefs), Walta & Walta, Enid, Oklahoma, for Plaintiff-Appellant Cecil M. Smith.

David W. Lee (Carol Lahman, Enid, Oklahoma, with him on the brief), Comingdeer and Lee, Oklahoma City, Oklahoma, for Defendant-Appellee City of Enid.

Marc Edwards, Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, Oklahoma, for Defendant-Intervenor-Appellee Oklahoma Firefighters Pension and Retirement System.

Before BALDOCK, McKAY, and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-Appellant Cecil M. Smith (Smith) appeals from the district court's grant of summary judgment in favor of Defendant-Appellee City of Enid (the City) and Defendant-Intervenor-Appellee Oklahoma Firefighters Pension and Retirement System (the System) on his 42 U.S.C. § 1983 claims.1 Mr. Smith also appeals from the district court's refusal to exercise jurisdiction over his supplemental state law...

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