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KOCH v. CITY OF HUTCHINSON

No. 83-2561.

814 F.2d 1489 (1987)

Thomas G. KOCH, Plaintiff-Appellant, v. CITY OF HUTCHINSON, et al., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Granted April 29, 1987.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., of Phelps Chartered, Topeka, Kan., for plaintiff-appellant.

Robert L. Howard, M. Kathleen Babcock, Loran J. Lemon of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., and Phillip H. Alexander, City Atty., Hutchinson, Kan., for defendant-appellee.

Before LOGAN, SETH, Circuit Judges and KANE, District Judge.

KANE, District Judge.

Thomas G. Koch was awarded $100,000 by a jury on his claim that the City of Hutchinson, Kansas abridged his right of free speech as guaranteed by the First Amendment of the United States Constitution. The trial court then granted defendants' motion for judgment notwithstanding the verdict, set aside the verdict and entered judgment in favor of the City of Hutchinson. On appeal Koch raises a number of issues which he asserts requires reversal...

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