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McCURRY v. TESCH

Nos. 86-1523, 86-1658.

824 F.2d 638 (1987)

Robert E. McCURRY, et al., Appellees/Cross Appellants, v. Fred TESCH, in his official capacity as Sheriff of Cass County, Nebraska and individually, et al., Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1987.

Attorney(s) appearing for the Case

Harold Mosher, Lincoln, Neb., for appellants/cross-appellees.

Michael P. Farris, Washington, D.C., for appellees/cross-appellants.

Before ARNOLD, Circuit Judge, WRIGHT, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

ARNOLD, Circuit Judge.

This case, which is now before us for the second time, is an action for damages arising out of an incident which occurred at the Faith Baptist Church of Louisville, Nebraska, on October 18, 1982. Shortly after six o'clock that morning, Sheriff Fred Tesch of Cass County, Nebraska, one of the defendants, arrived at the church and, with the assistance of other officers, physically removed about 85 people, including the plaintiffs here, from the...

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