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KOCH v. CITY OF HUTCHINSON

No. 83-2561.

847 F.2d 1436 (1988)

Thomas G. KOCH, Plaintiff-Appellant, v. CITY OF HUTCHINSON, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 2, 1988.

Attorney(s) appearing for the Case

Margie J. Phelps (Fred W. Phelps, Jr., with her on the briefs), Phelps-Chartered, Topeka, Kan., for plaintiff-appellant.

Robert L. Howard, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan. (Timothy B. Mustaine, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., and Philip H. Alexander, City Atty., Hutchinson, Kan., with him on the briefs), for defendants-appellees.

James M. Kaup, Gen. Counsel, League of Kansas Municipalities, Topeka, Kan., amicus curiae.

Before HOLLOWAY, Chief Judge, and McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA and BALDOCK, Circuit Judges.

ON REHEARING EN BANC

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiff/appellant Thomas Koch was demoted from Fire Marshal for the City of Hutchinson (the "City") in part because of a written report he prepared in the course of his official duties in which he stated his professional opinion as to the cause of a fire. He contends that the report was protected speech under the First Amendment and could not therefore be the basis for his demotion. After a jury...

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