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DUNCAN v. STORIE

No. 87-2369.

869 F.2d 1100 (1989)

Kenneth DUNCAN, Appellee, v. Clyde STORIE, Individually and in his official capacity as a County Sheriff, Thurston County, Nebraska; and Daniel Whitted, individually and in his official capacity as a Deputy County Sheriff, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1989.

Rehearing and Rehearing Denied April 18, 1989.

Attorney(s) appearing for the Case

Larry E. Welch, Omaha, Neb., for appellants.

Rollin R. Bailey, Lincoln, Neb., for appellee.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 18, 1989.

LAY, Chief Judge.

This suit arises under 42 U.S.C. § 1983. It comes here on an interlocutory appeal from a denial of summary judgment by the district court.1 See Mitchell v. Forsyth, 472 U.S. 511, 524-530, 105 S.Ct. 2806, 2814-17, 86 L.Ed.2d 411 (1985).

At the time the events in issue took place, Kenneth Duncan was the Chief...

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