Byron Gorby v. Harry O. Wilson

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-2409WM
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Byron Gorby; James Sanders; Rita *
Buckley; June O'Dell; Lee Terry; June *
Armstrong, *
*
Appellants, *
*
v. *
* Appeal from the United States
Harry O. Wilson; Ron Hoffman; Dennis * District Court for the Western
Lemon; Elaine Fordyce; Cathy Kelley; * District of Missouri.
James Cain; Eddie Garcia; City of *
Grandview, Missouri; * [UNPUBLISHED]
*
Appellees, *
*
Missouri Local Government Employees *
Retirement System. *
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Submitted: December 11, 1997
Filed: December 17, 1997
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Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.

Byron Gorby and five other employees of the City of Grandview, Missouri,
appeal the magistrate judge's order dismissing their 28 U.S.C. § 1983 class action
lawsuit for failure to state a claim. Having reviewed the record and the parties' briefs,
we are satisfied the magistrate judge correctly applied the well-established rational
basis test to the employees' contention that the City's refusal to refund the contributions
members of the employee class made to the municipality's pension plan violated equal
protection, and we find no basis for reversal of the magistrate judge's analysis.
Accordingly, we affirm for the reasons stated in the magistrate judge's order. See 8th
Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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