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RUPLE v. CITY OF VERMILLION, S.D.

No. 83-1131.

714 F.2d 860 (1983)

Ann RUPLE, Appellant, v. CITY OF VERMILLION, SOUTH DAKOTA, a municipal corporation; Carl Weinaug, Individually and as City Manager of the City of Vermillion, South Dakota; Charles Woodman, individually and as Mayor of the City of Vermillion, South Dakota; and Dorn Van Cleave, Archie Teigen, James Julian, and Loren Carlson, as Aldermen of the City of Vermillion, South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1983.

Rehearing and Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Lawrence L. Piersol, Michael J. Schaffer, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellees.

C.E. Light, Light Law Offices, Yankton, S.D., for appellant.

Before LAY, Chief Judge, SWYGERT, Senior Circuit Judge, and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied September 28, 1983.

ARNOLD, Circuit Judge.

This action arises out of Ann Ruple's dismissal from her position as Finance Officer of the City of Vermillion, South Dakota. The defendants are the City, the City Manager, the Mayor, and four aldermen who voted to dismiss plaintiff. The District Court1 dismissed the complaint on the ground of res judicata, holding that a prior judgment against the...

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