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OWEN v. CITY OF INDEPENDENCE, MISSOURI

Nos. 76-1758, 76-1799.

623 F.2d 550 (1980)

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.

July 1, 1980.

Attorney(s) appearing for the Case

Richard G. Carlisle, Independence, Mo., for City of Independence, Mo.

Achtenberg & Achtenberg, Kansas City, Mo., for George D. Owen.

Before BRIGHT and ROSS, Circuit Judges.

ORDER ON REMAND

BRIGHT, Circuit Judge.

In Owen v. City of Independence, Mo., 589 F.2d 335 (8th Cir. 1978) (Owen II), this court determined that appellant George D. Owen could bring an action under 42 U.S.C. § 1983 (1976) against the City of Independence as well as its officials in their official capacities because he had demonstrated that the conduct of city officials...

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