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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

Appeal from the United States District Court for the Western District of Oklahoma (D.C. No. CV-05-135-VML)

Tony Gould (Ryan Leonard with him on the briefs), of Leonard & Gould, PLLC, Oklahoma City, Oklahoma, for Plaintiff- Appellant.

Robert D. Looney, Jr., of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, Oklahoma, for Defendant-Appellee.

Before HARTZ and GORSUCH, Circuit Judges, and BRIMMER, District Judge.

GORSUCH, Circuit Judge.