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KILLEBREW v. CITY OF GREENWOOD, MISS.

No. 4:95CV335-B-B.

988 F.Supp. 1010 (1997)

William R. KILLEBREW, Tim Woods, Fred Parrish and James R. Vest, Plaintiffs, v. The CITY OF GREENWOOD, MISSISSIPPI; Harry L. Smith, Individually and in his Official Capacity as Mayor of the City of Greenwood, Mississippi; Johnny Jennings, Jo Claire Swayze, Larry Thames, Sheriel Perkins, Arance Williamson, David L. Jordan and Carl Palmer, Individually and in their Official Capacities as Members of the City Council of the City of Greenwood, Mississippi; George McCain, Individually and in his Official Capacity as Fire Chief of the City of Greenwood, Mississippi; and Civil Service Commission of the City of Greenwood, Defendants.

United States District Court, N.D. Mississippi, Greenville Division.

November 3, 1997.

Attorney(s) appearing for the Case

Tom P. Calhoun, III, Dove, Chill, Calhoun & Williamson, Greenwood, MS, John L. Maxey, II, John F. Hawkins, Maxey, Wann & Begley, Jackson, MS, for Plaintiffs.

Steven J. Allen, Gary Friedman, Carole Catherine Scallan, Phelps, Dunbar, Jackson, MS, for Defendants.

MEMORANDUM OPINION

BIGGERS, District Judge.

This cause comes before the court upon the defendants' motion to dismiss, or in the alternative, for summary judgment. Upon due consideration of the parties' memoranda and exhibits, the court is ready to rule.

FACTS

The plaintiffs are white firefighters employed by the City of Greenwood, Mississippi. On October 23, 1995, the plaintiffs filed suit against the city and the civil service commission...

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