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JOHNSON v. MARTIN

Nos. 97-7099, 97-7101 and 97-7103.

195 F.3d 1208 (1999)

Lila B. JOHNSON; Loretta Chaplin Hardridge; Natalie R. Henry; Shawn Jordan; Joyce L. Jackson; Carolyn Embry; Vanella C. Taylor; and Lennore Zachary, on behalf of themselves and on behalf of other similarly situated, Plaintiffs-Appellees, v. James MARTIN, Former Director of Building Codes & Inspectors, in his individual and official capacities; John Williamson, former Personnel Director, in his official and individual capacities; Garry Garvin, current Assistant planner, in his official and individual capacities, Defendants-Appellants, City of Muskogee, a municipal corporation. Defendant.

United States Court of Appeals, Tenth Circuit.

November 1, 1999.

Attorney(s) appearing for the Case

Timothy D. Eisel (Jim T. Priest with him on the briefs), McKinney, Stringer and Webster, P.C., Oklahoma City, Oklahoma, for Appellant James Martin.

Betty Outhier Williams (Jan Marie Cunningham with her on the brief), Gage and Williams Law Firm, Muskogee, Oklahoma, for Appellants Garry Garvin and John Williamson.

John Mack Butler (David R. Blades with him on the briefs), John Mack Butler & Associates, Tulsa, Oklahoma, for Appellees.

Caesar C. Latimer, Tulsa, Oklahoma, for Appellee Lila B. Johnson.

Before HENRY, McKAY, and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

James Martin, Gary Garvin, and John Williamson, current and former city officials for the City of Muskogee, Oklahoma, seek to appeal the district court's interlocutory order denying their motions for summary judgment. The plaintiff-appellees, all citizens of Muskogee, alleged that, while acting as the Director of the Building Codes and Enforcement Department of the City of Muskogee, the defendant James Martin violated their rights under the Equal...

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