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EWERS v. BOARD OF COUNTY COM'RS OF COUNTY OF CURRY

No. 84-2477.

874 F.2d 736 (1989)

Walter C. EWERS, Plaintiff-Appellee, Cross-Appellant, Jack Jeter, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF CURRY and Anita C. Merrill and Michael C. Gattis, Individually and in their capacities as members of the Board of Curry County Commissioners, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 10, 1989.

Attorney(s) appearing for the Case

Philip B. Davis, Legal Director, and Jeffrey J. Dempsey, Cooperating Atty., American Civ. Liberties Union of N.M., Albuquerque, N.M., for plaintiff-appellee, cross-appellant.

Steven L. Bell and Arthur P. Brock of Atwood, Malone, Mann & Turner, P.A., Roswell, N.M., for defendant-appellant, cross-appellee Bd. of Com'rs for the County of Curry.

George Cherpelis and Laurie A. Vogel, Albuquerque, N.M., for defendants-cross appellees Merrill and Gattis.

Before HOLLOWAY, Chief Judge, BARRETT, Circuit Judge, and SAM, District Judge.

OPINION ON REHEARING

PER CURIAM:

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this rehearing. See Fed.R.App.P. 34(a); 10th Cir. R. 34.1.9. This matter is therefore ordered submitted without oral argument.

I

This matter is before the court pursuant to its order granting a limited rehearing by the panel in No. 84-2477, one...

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