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SABLE v. MYERS

No. 07-6286.

563 F.3d 1120 (2009)

Donald SABLE II, Plaintiff-Appellee, v. Stewart E. MYERS, Jr., individually; R. Gregg Rawls, individually; John A. Lippert; Kathy Walbert Walker, individually, Defendants-Appellants, and City of Nichols Hills, a municipal corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

April 24, 2009.

Attorney(s) appearing for the Case

Robert S. Lafferrandre (Andrea D.W. Moates, with him on the brief), of Pierce, Couch Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK, for Defendants-Appellants.

Rand C. Eddy (Sherri Carver, with him on the brief), of Eddy Law Firm, P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Before LUCERO, EBEL, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Donald E. Sable II alleges that the City Council of the City of Nichols Hills, Oklahoma, sought to condemn his property in retaliation for his having brought a successful quiet-title suit against the City. He sued the City and several councilors under 42 U.S.C. § 1983. The councilors argued that legislative immunity protected them from suit. The district court disagreed and the councilors (Defendants) appeal. We have jurisdiction under 28...

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