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LOWE v. TOWN OF FAIRLAND, OKL.

No. 97-5028.

143 F.3d 1378 (1998)

Donna LOWE, Plaintiff-Appellee, v. TOWN OF FAIRLAND, OKLAHOMA; Beverly Hill; Don Jones; Shirley Mangold; and Loretta Vinyard, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 14, 1998.

Attorney(s) appearing for the Case

D. Gregory Bledsoe, Tulsa, OK (Ronald Main, Tulsa, OK, with him on the brief), for Plaintiff-Appellee.

Marthanda J. Beckworth of Atkinson, Haskins, Nellis, Boudreaux, Holeman, Phipps & Brittingham, Tulsa, OK, for Defendants-Appellants.

Before BALDOCK, McWILLIAMS, and EBEL, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants appeal the district court's partial denial of their motion to dismiss Plaintiff's complaint for failure to state a claim upon which relief can be granted. Defendants argue that the district court erred by (1) refusing to convert their Fed.R.Civ.P. 12(b)(6) motion to dismiss to a Fed.R.Civ.P. 56 motion for summary judgment and (2) denying their defense of qualified immunity.

Plaintiff is the former police chief of the Town...

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