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LILLEHAUG v. CITY OF SIOUX FALLS

No. 85-5239.

788 F.2d 1349 (1986)

Leland LILLEHAUG, Appellant, v. CITY OF SIOUX FALLS, a Municipal Corporation; Richard Peterson, Individually and in his official capacity as the duly elected, qualified and acting Commissioner for the City of Sioux Falls; Loila Hunking and Joe Cooper, in their official capacities as duly elected, qualified and acting Commissioner and Mayor of the City of Sioux Falls, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1986.

Attorney(s) appearing for the Case

John N. Gridley III, Sioux Falls, S.D., for appellant.

Richard O. Gregerson, Sioux Falls, S.D., for appellees.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and HARRIS, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

Dr. Leland Lillehaug, bandmaster of the City of Sioux Falls, appeals the dismissal of his claims brought against the City of Sioux Falls under 42 U.S.C. § 1983 (1982). He argues that City officials violated his constitutional right to due process when, having determined that he was being overpaid, they unilaterally reduced his salary and recouped past overpayments through additional salary deductions. The district court

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