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WHITEHEAD v. OKLAHOMA GAS & ELEC. CO.

No. 97-5233.

187 F.3d 1184 (1999)

Colleen WHITEHEAD, an individual and as a representative of unknown members of the class; Fred Blaylock; and Barney Taylor, Plaintiffs-Appellants, v. OKLAHOMA GAS & ELECTRIC COMPANY, sued as: Oklahoma Gas Electric, an Oklahoma corporation; Oklahoma Gas And Electric Retirement Plan, separately and H.L. Grover, Irma Elliot, Rob Schmid, in their capacities as members of the Oklahoma Gas and Electric Retirement Plan Committee; H.L. Grover, individual; Irma Elliot, individual; and Rob Schmid, individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 4, 1999.

Attorney(s) appearing for the Case

Jody R. Nathan, Feldman, Franden, Woodard & Farris, Tulsa, Oklahoma (Joseph R. Farris, Feldman, Franden, Woodard & Farris, Tulsa, Oklahoma and Jean Walpole Coulter, Jean Walpole Coulter & Associates, Tulsa, Oklahoma, with her on the briefs), for Plaintiffs-Appellants.

Deborah H. Bornstein, Gardner, Carton, Douglas, Chicago, Illinois (John A. Simon, Gardner, Carton, Douglas, Chicago, Illinois and Roberta Browning Fields, Rainey, Ross, Rice, Binns, Oklahoma City, Oklahoma, with her on the briefs), for Defendants-Appellees.

Before BRORBY, BARRETT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

I.

The three individually named appellants in this suit, Colleen Whitehead, Fred Blaylock, and Barney Taylor (collectively, "Appellants"),1 were long-time employees of Defendant-Appellee Oklahoma Gas & Electric ("OG & E"), who had left OG & E for a period of time and subsequently were rehired. Whitehead was first hired on June 3, 1957, fired on September 5, 1969 due to her pregnancy, and rehired...

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