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WILLIAMS v. BUTLER

Nos. 83-2534, 83-2641.

863 F.2d 1398 (1988)

Debbie WILLIAMS and Linda Stanley, Plaintiffs/Appellees/Cross-Appellants, v. William R. BUTLER, Defendant, v. The CITY OF LITTLE ROCK, ARKANSAS, Third-Party Defendant/Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Thomas M. Carpenter, Little Rock, Ark., for third-party defendant/appellant/cross-appellee.

Philip E. Kaplan, Little Rock, Ark., for plaintiffs/appellees/cross-appellants.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, HEANEY, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges, En Banc.

FLOYD R. GIBSON, Senior Circuit Judge.

The sole issue on remand is whether the City of Little Rock, Arkansas may be held liable for the unconstitutional discharge of a municipal court clerk by a municipal judge in 1981. Twice now our decision holding the City of Little Rock liable by a divided court has been vacated and remanded by the United States Supreme Court. In 1986 the Court remanded for further consideration in light of Pembaur v. City of Cincinnati,

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