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AILOR v. CITY OF MAYNARDVILLE, TENNESSEE

No. 01-6562.

368 F.3d 587 (2004)

Harry Truman AILOR and Betty Darlene Lynch, Plaintiffs-Appellants, v. CITY OF MAYNARDVILLE, TENNESSEE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 17, 2004.

Attorney(s) appearing for the Case

John E. Eldridge, Robert R. Kurtz (briefed), Eldridge, Irvine & Gaines, Knoxville, TN, Kelly O. Herston (argued and briefed), Herston Law Office, Knoxville, TN, for Plaintiff-Appellant.

Jon G. Roach (argued and briefed), Nathan D. Rowell (briefed), Watson & Hollow, Knoxville, TN, for Defendant-Appellee.

Before: SUHRHEINRICH, COLE and ROGERS, Circuit Judges.

SUHRHEINRICH, J. delivered the opinion of the court, in which ROGERS, J. joined. COLE, J. (pp. 601-02), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiffs-Appellants Betty Lynch ("Lynch") and Harry Ailor ("Ailor") (collectively "Plaintiffs") appeal from the order of the district court granting summary judgment in favor of Defendant-Appellee City of Maynardville, Tennessee ("City...

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