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WEILER v. CARPENTER

No. 81-1314.

695 F.2d 1348 (1982)

Robert Forrest WEILER, d/b/a Pot Luck I, Plaintiff-Appellee, v. Cleo CARPENTER, Jay R. Dickenson, Eddie Fowler, Tom Harden, Gordon Rowell, and Pat Sandoval, Commissioners of the City of Clovis; Frank A. Murray, Jr., Mayor of the City of Clovis; and Nelson Worley, Chief of Police of the City of Clovis, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 15, 1982.

Attorney(s) appearing for the Case

Nancy Hollander, Freedman, Boyd & Daniels, Albuquerque, N.M., for plaintiff-appellee.

Harry L. Patton, Clovis, N.M., on brief, for defendants-appellants.

Before SETH, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The case presently before us is very similar to the cases involved in The General Stores, Inc. v. Bingaman, 695 F.2d 502 (10th Cir.1982) No. 81-1681, and Kansas Retail Trade Corp. v. Stephan, 695 F.2d 1343 (10th Cir.1982) No. 81-2162. Thus this particular decision will address itself only to the unique aspects of the City of Clovis appeal, which is now...

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