KENMEN ENGINEERING v. CITY OF UNION

No. 01-6145.

314 F.3d 468 (2002)

KENMEN ENGINEERING, a partnership composed of Kenneth Miles and Ken Menz; Kenneth Miles, an individual; Ken Menz, an individual; Miles Specialty Company, Inc., an Oklahoma corporation d/b/a El Reno Terminal Grain Company, Plaintiffs-Appellants, v. CITY OF UNION, an Oklahoma Municipal corporation; Fred Allen, individually and in his official capacity as Fire Chief for the City of Union; Brandon Ellis, individually and in his official capacity as Chief of Police for the City of Union; Unknown Defendants, or person having responsibility or involvement in the circumstances of the violations of the civil rights of the Plaintiff including private persons acting in concert or joint participation with the Defendants or other unnamed Defendants, whether in their individual or official capacity, and who are joined herein for purposes of relief by way of damages as may be appropriate, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 17, 2002.


Attorney(s) appearing for the Case

Mark Lea (Beau) Cantrell (Blake M. Bostick, Oklahoma City, OK, with him on the briefs), El Reno, OK, for Plaintiffs-Appellants.

Ambre C. Gooch (David W. Lee, with her on the brief), Lee & Gooch, P.C., Oklahoma City, OK, for Defendants-Appellees.

Before TACHA, ALDISERT, and McWILLIAMS, Circuit Judges.


TACHA, Chief Circuit Judge.

Plaintiffs appeal the district court's order dismissing their claims under 42 U.S.C. § 1983 for lack of subject-matter jurisdiction. For the reasons set forth below, we AFFIRM.

I. Background

Plaintiffs-appellants in this action are: (1) Kenmen Engineering, a partnership composed of Kenneth Miles and Ken Menz; (2) Miles Specialty Company (d/b/a El Reno Terminal Grain), a corporation in which Mr. Miles is the...

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