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CUNNINGHAM v. CITY OF OVERLAND, STATE OF MO.

Nos. 86-1197, 86-1266.

804 F.2d 1066 (1986)

Jon P. CUNNINGHAM, dba The Jag Shop and Seiler Enterprises, Inc., dba Mike & Lou's Auto Body, Louis Seiler, President; Mollie Seiler; Secretary and Robert Methany, Manager, Appellees, v. CITY OF OVERLAND, STATE OF MISSOURI; Robert L. Dody, individually and officially as alderman; Tom P. Healey, individually and official capacity as alderman; Jean McCandless, individually and official capacity as alderman; and Nanette Sharp, individually and official capacity as alderman, Appellants. Jon P. CUNNINGHAM, d/b/a The Jag Shop and Seiler Enterprises, Inc., d/b/a Mike & Lou's Auto Body, Appellant, Louis Seiler, President; Mollie Seiler, Secretary; Robert Methany, Manager v. CITY OF OVERLAND, STATE OF MISSOURI; Board of Aldermen, City of Overland, Missouri; Robert L. Dody, individually and official capacity as alderman; Tom P. Healey, individually and official capacity as alderman; William C. Hohman, individually and official capacity as alderman; Nanette Sharp, individually and official capacity as alderman; Michael C. Emmendorfer, official capacity as alderman; Mark Brown, official capacity as alderman; Robert Thousand, official capacity as alderman; Norman Myers, official capacity as Mayor of City of Overland, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1986.

Attorney(s) appearing for the Case

Eugene Buckley, St. Louis, Mo., for appellants.

David P. Oetting, Clayton, Mo., for appellees.

Before LAY, Chief Judge, and HEANEY and BOWMAN, Circuit Judges.

HEANEY, Circuit Judge.

Plaintiffs/appellees John P. Cunningham d/b/a The Jag Shop (Cunningham) and Seiler Enterprises, Inc., d/b/a Mike & Lou's Auto Body (Seiler Enterprises) brought this action under 42 U.S.C. § 1983, against the City of Overland, Missouri, and certain individual members of the Overland Board of Aldermen (collectively referred to as appellants). Cunningham and Seiler Enterprises allege constitutional violations of their rights to substantive...

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