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SCHULZ v. CITY OF LONGMONT, COLORADO

No. 04-1418.

465 F.3d 433 (2006)

Stephen SCHULZ, Darren Bloom, William Clark, Steven Deal, Sean Harper, Timothy Lambert, Craig Mortenson, Sara Pierce, Rachael Sloan, Brian Smith, Michael Stogsdill, Jennifer Anderson, Denise Arneson, Kevin Blumenshine, Travis Chapman, Casey Cloud, Shayne Dombrowski, Michele Goldman, Luke Jasso, Todd Landin, Michael Major, Jonathon Michael, Scott Opie, Anthony Priola, Arturo Ramirez, Troy Reed, Susan Hogg, Amy Hennion, Plaintiffs-Appellants, v. CITY OF LONGMONT, COLORADO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 26, 2006.

Attorney(s) appearing for the Case

Darold W. Killmer (Mari Newman, with him on the briefs), Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiffs-Appellants.

Andrew D. Ringel (Thomas J. Lyons, with him on the brief), Hall & Evans, L.L.C., Denver, CO, for Defendant-Appellee.

Before BRISCOE, McKAY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Due to declining revenues, the City of Longmont, Colorado ("the City") imposed a salary freeze on its employees for the year 2003. Plaintiffs-Appellants ("the Officers"), members of Longmont's fire and police departments, sued the City, alleging that when the City hired them, it had promised each of them annual pay increases for approximately the first three years of their employment. The Officers, who were eligible for such an annual pay increase...

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