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JOHNSON v. UNIFIED GOVERNMENT OF WYANDOTTE

Nos. 01-3398, 02-3005, 02-3014.

371 F.3d 723 (2004)

William D. JOHNSON, David N. Kearney; Michael A. Kill; Alexander G. Kump; Robert L. Lane, Jr.; John W. Nash; Jason W. Sutton; Sophia Barajas; Michael Bowman; James Brinkley; William Carpenter; Larry Chronister; Gregory Collins; Gregory Conchola; Chad Cowher; Michael Hughes; Kynard Hylton; Thomas Joyce; Richard Keith; Patrick McCallop; William Michael; Angela Mitchell; Michael Vega; Jackie Waters; Steve Williams; Terry Zeigler, Plaintiffs-Appellants/Cross-Appellees, v. THE UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS and The Housing Authority of Kansas City, Kansas, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

June 7, 2004.

Attorney(s) appearing for the Case

Steve A.J. Bukaty, (Luke B. Harkins with him on the briefs) Steve A.J. Bukaty, Chartered, Overland Park, KS, for the Plaintiffs-Appellants/Cross-Appellees.

Gregory P. Goheen, (Daniel B. Denk, with him on the brief) McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, for Defendant-Appellee/Cross-Appellant Unified Government of Wyandotte County/Kansas City, Kansas.

Thomas R. Buchanan, (Donald G. Scott with him on the brief) McDowell, Rice, Smith & Gaar, Kansas City, MO, for Defendant-Appellee/Cross-Appellant The Housing Authority of Kansas City, KS.

Before O'BRIEN, HOLLOWAY and McWILLIAMS, Circuit Judges.

HOLLOWAY, Circuit Judge.

I

A

Plaintiffs/appellants are police officers employed by defendant/appellee Unified Government of Wyandotte County/Kansas City, Kansas (an entity formed by the merger of Kansas City, Kansas and Wyandotte County) who worked in their off-duty hours as security guards for defendant-appellee, the Housing Authority of Kansas City. The twenty-six plaintiffs brought this action (which consolidated two separately filed lawsuits...

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