CRAFT v. WIPF

No. 86-5385.

810 F.2d 170 (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 Bein, 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 his capacity as former Secretary, South Dakota Department of Game, Fish and Parks; Jeff Stingley, individually, and in his 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 January 26, 1987.


Attorney(s) appearing for the Case

Craig M. Eichstadt, Pierre, S.D., for appellants.

Stephen L. Wilson, Roseville, Minn., Patrick M. Ginsbach, Hot Springs, S.D., for appellees.

Before McMILLIAN, ARNOLD, and BOWMAN, Circuit Judges.


PER CURIAM.

This is a civil rights action. The District Court1 denied defendants' motion for summary judgment. The District Court's memorandum opinion does not mention qualified immunity; it discusses only abstention arguments and denies the motion on the ground that abstention is not appropriate. Defendants appeal the denial of the motion insofar as it implicitly denies their claim, raised in the summary judgment motion, that they are...

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