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DURHAM v. NU'MAN

No. 95-5843.

97 F.3d 862 (1996)

Russell DURHAM, Plaintiff-Appellant, v. Mahdee NU'MAN; Roy Hill; James Burke; Ricky Rhodes, Defendants, Donnie Glover; George Nichols; Becky Ahlers; Nasiruddin Siddiqui; Farahieh Rabbani, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1996.

Rehearing and Suggestion for Rehearing Denied November 22, 1996.

Attorney(s) appearing for the Case

Gail Robinson (argued and briefed), McNally & Robinson, Frankfort, KY, Russell J. Baldani (briefed), Baldani, Rowland & Richardson, Lexington, Ky , for plaintiff-appellant.

E.D. Klatte, Staff Attorney, Cabinet for Human Resources, Office of Main Counsel, Frankfort, KY, Terry L. Morrison (argued and briefed), Cabinet for Human Resources, Frankfort, KY, for defendants-appellees Donnie Glover, Becky Ahlers.

William T. Haynes, Jr., Emily A. Hoffman (argued and briefed), Cathleen A. Charters, O'Bryan, Brown & Toner, Louisville, KY, for defendant-appellee George Nichols.

Michael R. Greene (argued and briefed), Fischer, Thomas, Brophy & Shake, Louisville, KY, for defendant-appellee Nasiruddin Siddiqui.

Gregory J. Bubalo, Douglas C. Ballantine (argued and briefed), Ogden, Newell & Welch, Louisville, KY, for defendant-appellee Farahieh Rabbani.

Before: MERRITT and COLE, Circuit Judges; DUGGAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 22, 1996.*

MERRITT, J., delivered the opinion of the court, in which COLE, J., joined. DUGGAN, D.J. (p. 870), delivered a separate opinion concurring in part and dissenting in part.

MERRITT, Circuit Judge.

Plaintiff Russell Durham appeals the District Court's grant of summary judgment for the five defendants in this 42 U.S.C. § 1983 suit arising out of...

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