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EWERS v. BOARD OF COUNTY COM'RS OF CURRY COUNTY

Nos. 84-2437, 84-2477.

802 F.2d 1242 (1986)

Walter C. EWERS, Plaintiff-Appellee, Cross-Appellant, Jack Jeter, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF CURRY and Anita C. Merrill and Michael C. Gattis, Individually and in their capacities as members of the Board of Curry County Commissioners, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

October 2, 1986.

Attorney(s) appearing for the Case

Jeffrey J. Dempsey, Cooperating Atty., American Civil Liberties Union of New Mexico (Philip B. Davis, Legal Director, with him on the brief), Albuquerque, N.M., for plaintiffs.

Arthur P. Brock of Atwood, Malone, Mann & Turner, P.A., Roswell, N.M., and Laurie A. Vogel, Cherpelis & Associates, P.A., Albuquerque, N.M. (Steven L. Bell with them on the brief), for defendants-appellants, cross-appellees.

Before HOLLOWAY, Chief Judge, BARRETT, Circuit Judge, and SAM, District Judge.

BARRETT, Circuit Judge.

The Board of County Commissioners (Board) of the County of Curry,1 Anita Merrill (Merrill), and Michael Gattis (Gattis), hereinafter collectively referred to as appellants, appeal from a jury verdict and judgment in favor of Walter Ewers (Ewers). Ewers cross-appeals the dismissal of one of his claims.

Ewers was hired in August, 1977, as the county's first road superintendent to supervise road maintenance...

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