KANNADY v. CITY OF KIOWA

No. 07-7002.

590 F.3d 1161 (2010)

Chris KANNADY, personal representative of the estate of Britton Lynn Kannady, Plaintiff-Appellant, v. CITY OF KIOWA, an Oklahoma municipal corporation; Jimmie W. Brown, in his official and individual capacities; Danny L. Drake, in his official and individual capacities; Sherry G. Stone, in her official and individual capacities; James V. Ryan, in his official and individual capacities; Freddie Adams, in his official and individual capacities; City of Krebs, an Oklahoma municipal corporation, Defendants-Appellees, and City of McAlester, an Oklahoma municipal corporation, Defendant. State of Oklahoma, ex rel. W.A. Drew Edmondson, Attorney General, Intervenor.

United States Court of Appeals, Tenth Circuit.

January 6, 2010.


Attorney(s) appearing for the Case

Edward L. White (M. Blake Yaffe, D. Eliot Yaffe, and S. Alex Yaffe with him on the briefs), of Foshee & Yaffe, Oklahoma City, OK, for Plaintiff-Appellant.

Andrew M. Low of Davis Graham & Stubbs LLP, Denver, CO, (Victoria V. Johnson and Shannon Wells Stevenson of Davis Graham & Stubbs LLP, Denver, CO, and Charles D. Neal Jr. and Eric D. Janzen of Steidley & Neil, P.L.L.C., McAlester, OK, with him on the brief), for Defendant-Appellee City of Krebs.

Warren Gotcher of Gotcher & Belote, McAlester, OK, filed a brief for Defendants-Appellees City of Kiowa, Jimmie W. Brown, Danny L. Drake, Sherry G. Stone, James V. Ryan, and Freddie Adams.

Andrew M. Low, Victoria V. Johnson, and Shannon Wells Stevenson of Davis Graham & Stubbs LLP, Denver, CO, and Kindanne Jones, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Intervenor State of Oklahoma.

Before O'BRIEN, McKAY, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Britton Lynn Kannady1 sought employment as a police officer in the Cities of Krebs and McAlester after he left his job as an officer for the City of Kiowa. Both Krebs and McAlester refused to hire Mr. Kannady because of the statutory age limits governing the Oklahoma Police Pension and Retirement System (OPPRS). Mr. Kannady sued Krebs and McAlester, alleging violations of the Age Discrimination in Employment Act...

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