CRAFT v. WIPF

No. 87-5117.

836 F.2d 412 (1987)

Franklyn H. CRAFT, Herma Marsden, Harold Ramse, Kenneth Harrod, Mary Kuppinger Jordan, Roger Ward and Gene Neuswanger, on behalf of themselves and all other cabin owners within Custer State Park, Custer County, South Dakota, similarly situated, and the South Dakota Cabin Owners Association, an unincorporated association, Appellees, v. Owen WIPF, Robert Ingle, Walter Black, John Cimpl, Harvey Thayer, Robert Reder, David Brost, Neil Bien, Jeremiah Murphy, Richard Meyer and Marlon Thielsen, individually, and in their capacity as present or former members of the South Dakota Game, Fish and Parks Commission, and their successors in office; Jack Merwin, individually, and in capacity as former Secretary, South Dakota Department of Game, Fish and Parks; Jeff Stingley, individually, and in capacity as Secretary, South Dakota Department of Game, Fish and Parks and Warren Jackson, individually, and in his capacity as Division Director, Division of Custer State Park, South Dakota Department of Game, Fish and Parks and his successors in office, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1987.


Attorney(s) appearing for the Case

Mark A. Moreno, Asst. Atty. Gen., Pierre, S.D., for appellants.

Stephen L. Wilson, Roseville, Minn., for appellees.

Before McMILLIAN, ROSENN and JOHN R. GIBSON, Circuit Judges.


McMILLIAN, Circuit Judge.

Owen Wipf and fourteen other named South Dakota state officials appeal from an order entered in the District Court for the District of South Dakota denying their motion for summary judgment in a 42 U.S.C. § 1983 civil rights action. Franklyn Craft and other owners of cabins in Custer State Park allege in this action that certain state officials, who are or were members or executives of the South...

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