CHICAGO & NORTH WESTERN TRANSP. CO. v. ULERY

Misc. No. 86-8019.

787 F.2d 1239 (1986)

CHICAGO & NORTH WESTERN TRANSPORTATION CO., R.L. Wilson, Jess Paul, Dale Walrod, Darrel Achenbach, Robert Elffner, J.B. Kidder, and Charles Miles, Appellants, v. Larry ULERY, John I. Riker, Mike J. Hill, and Floyd A. Weltha, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1986.


Attorney(s) appearing for the Case

Bennett A. Webster, Bruce E. Johnson and Paul A. Curtis of Des Moines, Iowa, for Chicago & North Western Transportation Co., et al.

Mark W. Bennett of the Iowa Civil Liberties Union in Des Moines and Thomas M. Werner of the Iowa Civil Liberties Union, Des Moines, Iowa, for Larry Ulery, et al.

Before McMILLIAN, ARNOLD, and WOLLMAN, Circuit Judges.


ARNOLD, Circuit Judge.

This case originally came before us as a petition of Chicago & North Western Transportation Company and others, defendants in the District Court, for leave to take an interlocutory appeal under 28 U.S.C. § 1292(b). This is an action under 42 U.S.C. § 1983. The District Court had denied Chicago & North Western's motion for summary judgment, one ground of which was that the defendant was protected by qualified immunity. On February...

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