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HOTHEM v. SCHNEIDER

No. CIV. 10-5020-JLV.

865 F.Supp.2d 962 (2012)

Dennis HOTHEM and Kendell Stevens, Plaintiffs, v. Dave SCHNEIDER, individually and as Mayor, and the City of Belle Fourche, South Dakota, Defendants.

United States District Court, D. South Dakota, Western Division.

March 27, 2012.

Attorney(s) appearing for the Case

Jane Wipf Pfeifle, Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, for Plaintiffs.

Donald P. Knudsen, Gunderson, Palmer, Nelson & Ashmore, LLP, Gerald D. Johnson, Gregory G. Strommen, Banks Johnson Kappelman & Becker P.L.L.C., Rapid City, SD, for Defendants.

ORDER

JEFFREY L. VIKEN, District Judge.

INTRODUCTION

Plaintiffs Dennis Hothem and Kendell Stevens filed a complaint alleging the defendants, Dave Schneider, individually and as Mayor, and the City of Belle Fourche (the "City") engaged in age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., ("ADEA") (alleging both disparate treatment and disparate impact); violated plaintiffs' First Amendment...

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