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SMITH v. CITY OF JACKSON, MISS.

No. 02-60850.

351 F.3d 183 (2003)

Azel P. SMITH; Jacqueline Butler; Ruthie Porter; Gloria Burns; Willie Allen; et al., Plaintiffs-Appellants, v. CITY OF JACKSON, MISSISSIPPI; Police Department of the City of Jackson, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised December 4, 2003.

Attorney(s) appearing for the Case

Dennis L. Horn (argued), Horn & Payne, Madison, MS, for Plaintiffs-Appellants.

Samuel Lee Begley (argued), Begley Law Firm, Jackson, MS, for Defendants-Appellees.

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

KING, Chief Judge:

Plaintiffs-appellants, thirty police officers and public safety dispatchers employed by the defendants-appellees, the City of Jackson and the Police Department of the City of Jackson, appeal the district court's order granting summary judgment in favor of the defendants. The appeal presents an issue of first impression in our circuit regarding whether a disparate impact theory of liability is available to plaintiffs suing for age discrimination...

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