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UHL v. NESS CITY, KANSAS

No. 77-1662.

590 F.2d 839 (1979)

Dorothy UHL, Lillie Ficken, Leo J. Russell, Paul Boyer, A. L. Wilson and O. W. Snider, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. NESS CITY, KANSAS, Basil Marhofer, Mayor Paula McCreight, Councilwoman, Larry Antenen, Councilman, Gomer Stukesbary, Councilman, Larry Schwartz, Councilman, Paul Ricketts, Councilman, Towanda, Kansas, Terry W. Douglass, Mayor, John R. Cogan, Council President, Gerald D. Brower, Councilman, Gerard W. Lehman, Councilman, Lynn E. Barker, Councilman, Thomas G. Pyle, Councilman, Plainville, Kansas, Jerry Staab, Mayor, Paul Hancock, Councilman, Max A. Hutton, Councilman, Barry Gilliand, Councilman, Francis M. Malin, Councilman, Jack Turnbull, Councilman, Iola, Kansas, Jack E. Hastings, Mayor, Jerry L. Skidmore, Commissioner, Jerry Witherspoon, Commissioner, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 12, 1979.

Attorney(s) appearing for the Case

Michael D. Gragert of Hiebsch, Robbins & Tinker, Wichita, Kan., for plaintiffs-appellees.

Philip A. Harley, Asst. Atty. Gen., Topeka, Kan. (Curt T. Schneider, Atty. Gen. and John R. Martin, First Asst. Atty. Gen., Topeka, Kan., with him on brief), for defendants-appellants.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from a final judgment in a class action law suit brought pursuant to 42 U.S.C. § 1983 by the residents of certain Kansas municipalities against the named municipalities (and all other municipalities similarly situated) and their officials. The plaintiff sought declaratory, injunctive and monetary relief for violations of their Fourth, Fifth, and Fourteenth Amendment rights, the actions complained of being terminated or...

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