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ROMERO v. FAY

No. 94-2042.

45 F.3d 1472 (1995)

Paul ROMERO, Plaintiff-Appellee, v. Damon FAY, Bob Stover, Chief of Police, Defendants-Appellants, and Albuquerque, City of; John Doe, Albuquerque Police Officers, Defendants.

United States Court of Appeals, Tenth Circuit.

January 25, 1995.

Attorney(s) appearing for the Case

John G. Travers (James R. Toulouse on the briefs) of Toulouse & Associates, Albuquerque, NM, for plaintiff-appellee.

Tila Fleming Hoffman, Albuquerque, NM, for defendants-appellants.

Before TACHA, McKAY, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants appeal the district court's denial of summary judgment in Plaintiff's 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291, and we reverse.

The record before us reveals the following. On March 29, 1991 Plaintiff and an acquaintance, Anthony Perry, went to a bar in Albuquerque where they met David Douglas and Stella Guiterrez. After a dispute broke out in the parking lot between Douglas and Perry...

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