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PHELPS v. WICHITA EAGLE-BEACON

Nos. 86-1977, 86-1998 and 86-2018.

886 F.2d 1262 (1989)

Fred W. PHELPS, Sr., Plaintiff-Appellant and Cross-Appellee, v. The WICHITA EAGLE-BEACON; Steve Tompkins; Barry Holtzclaw; W. Davis Merritt; and Philip A. Harley, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

September 29, 1989.

Attorney(s) appearing for the Case

Margie J. Phelps and Elizabeth M. Phelps (John R. Balhuizen, on the briefs) of Phelps-Chartered, Topeka, Kan., for plaintiff-appellant.

Deanne Watts Hay of Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, Kan., and David G. Seely (Gerrit H. Wormhoudt, William P. Tretbar, and Lyndon W. Vix of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., on the briefs) of Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., for defendants-appellees.

Before EBEL and McWILLIAMS, Circuit Judges, and JENKINS, District Judge.

EBEL, Circuit Judge.

This is an appeal and cross-appeal from a decision of the United States District Court for the District of Kansas. Plaintiff-appellant Fred W. Phelps brought suit in the district court alleging that defendants conspired to publish defamatory articles about him in violation of federal civil rights statutes, the First and Fourteenth Amendments, and the Racketeer Influenced and Corrupt Organizations Act (RICO). The district court dismissed all claims...

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