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BENAVIDEZ v. GUNNELL

No. 82-1099.

722 F.2d 615 (1983)

Marylee BENAVIDEZ, Jason Kenny Benavidez and Jose Guy Benavidez, Plaintiffs-Appellants, v. Franklin L. GUNNELL, Individually and in his official capacity as Cache County Attorney; Ray Oldham, Mel Mower, Keith Wertman and Craig Johnson, Individually and in their official capacities as Police Officers of the Logan City Police Department; H. Sanford Campbell, Heber Sharp and E. Wayne Wright, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 8, 1983.

Attorney(s) appearing for the Case

William D. Marsh, Ogden, Utah, for plaintiffs-appellants.

Paul C. Droz of Snow, Christensen & Martineau, Salt Lake City, Utah, for defendant-appellee Franklin L. Gunnell.

Paul Matthews of Hanson, Russon & Dunn, Salt Lake City, Utah (Mary Ellen Sloan of Lund and Associates, Salt Lake City, Utah, on brief), for defendants-appellees Ray Oldham, Mel Mower, Keith Wertman and Craig Johnson.

Dee V. Benson, Salt Lake City, Utah (Merlin R. Sybbert and Scott Daniels, Salt Lake City, Utah, with her on brief), of Snow Christensen & Martineau, Salt Lake City, Utah, for defendant-appellee Heber Sharp.

Brinton R. Burbidge, Salt Lake City, Utah (B. Lloyd Poleman and J. Douglass Mitchell, Salt Lake City, Utah, were on brief), of Kirton, McConkie & Bushnell, Salt Lake City, Utah, for defendants-appellees H. Sanford Campbell and E. Wayne Wright.

Before HOLLOWAY, BREITENSTEIN and LOGAN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an action under §§ 1983 and 1985 of the Civil Rights Act. The essential facts are as alleged in the complaint and as shown by the affidavits of the various parties. The district court gave judgment for each of the defendants and the plaintiffs appeal. We affirm.

Mrs. Jeanine Moss was the daughter of plaintiff Marylee Benavidez and sister of plaintiffs Jason and Jose Benavidez. Mrs. Moss was a member of the Church...

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