BRIERLEY v. SCHOENFELD

No. 85-1332.

781 F.2d 838 (1986)

Howard J. BRIERLEY, and V-1 Oil Company, Plaintiffs-Appellants, v. F.J. SCHOENFELD, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 15, 1986.


Attorney(s) appearing for the Case

Reid Tateoka, Salt Lake City, Utah (Scott C. Pierce, of McKay, Burton, Thurman & Condie, Salt Lake City, Utah, with him on the brief), for plaintiffs-appellants.

David B. Thompson, Asst. Atty. Gen. (David L. Wilkinson, Atty. Gen., Salt Lake City, Utah, with him on the brief), for defendant-appellee.

Before BARRETT, McWILLIAMS, and ANDERSON, Circuit Judges.


BARRETT, Circuit Judge.

This appeal is taken by plaintiffs-appellants, Howard J. Brierley and V-1 Oil Company (for convenience hereinafter referred to as Brierley) from the district court's dismissal with prejudice of their 42 U.S.C. § 1983 civil rights suit for damages against defendant-appellee, F.J. Schoenfeld, Jr. (Schoenfeld), sued individually and in his capacity as a Utah Highway Patrol Officer. The court found that Officer Schoenfeld was clothed with...

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