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OWEN v. CITY OF INDEPENDENCE, MISSOURI

Nos. 76-1758, 76-1799.

560 F.2d 925 (1977)

George D. OWEN, Appellant, v. The CITY OF INDEPENDENCE, MISSOURI, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri, Appellees. George D. OWEN, Appellee, v. The CITY OF INDEPENDENCE, MISSOURI, Lyle W. Alberg, City Manager, Richard A. King, Mayor, Charles E. Cornell, Dr. Ray Williamson, Dr. Duane Holder, Ray A. Heady, Mitzi A. Overman, and E. Lee Comer, Jr., Members of the Council of the City of Independence, Missouri, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1977.

Rehearing and Rehearing Denied September 26, 1977.

Attorney(s) appearing for the Case

Irving Achtenberg, Kansas City, Mo., for appellant.

Richard G. Carlisle, Asst. City Counselor, Independence, Mo., for appellees; Thomas D. Cochran, Independence, Mo., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 26, 1977.

BRIGHT, Circuit Judge.

Following his discharge in April 1972 as chief of police of Independence, Missouri, appellant George D. Owen filed this civil action against the City of Independence, city manager Lyle W. Alberg, and the present members of the city council in their official capacities.1 Owen seeks a declaration that his discharge violated his constitutional right...

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