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OPALA v. WATT

No. 05-6261.

454 F.3d 1154 (2006)

Marian P. OPALA, Plaintiff-Appellee, v. Joseph M. WATT; James R. Winchester; Robert E. Lavender; Rudolph Hargrave; Yvonne Kauger; James E. Edmondson, Steven W. Taylor; and Tom Colbert, in their individual and administrative capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 21, 2006.

Attorney(s) appearing for the Case

W.A. Drew Edmondson, Attorney General (Neal Leader, Senior Assistant Attorney General on the briefs), Office of the Attorney General State of Oklahoma, Oklahoma City, OK, for the Defendants-Appellants.

Scott F. Brockman (Stanley M. Ward and Woodrow K. Glass, with him on the briefs), Ward & Glass, LLP, Norman, OK, for the Plaintiff-Appellee.

Before LUCERO, EBEL, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

Article 7 section 2 of the Oklahoma Constitution provides that the Justices of the Oklahoma Supreme Court shall choose a Chief Justice and Vice-Chief Justice from among their members. Having failed in his desire to be chosen once again Chief Justice of the Oklahoma Supreme Court, Justice Marian P. Opala seeks to invoke the jurisdiction of the federal courts in his effort to achieve that end. He brings to us claims that he was discriminated against...

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