WEGENER v. CITY OF COVINGTON

Nos. 90-5716, 90-5765.

933 F.2d 390 (1991)

Stuard WEGENER, Plaintiff-Appellee, v. CITY OF COVINGTON and Joseph Condit, City Solicitor, Defendants, Lt. Joan Penick (90-5765) and Capt. Gilbert McClure (90-5716), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 16, 1991.


Attorney(s) appearing for the Case

Steven L. Schiller (argued), Newport, Ky., for Stuard Wegener.

Stephen T. McMurtry (argued), Covington, Ky., for Captain Gilbert McClure.

Charles P. Wagner (argued), Covington, Ky., for Lt. Joan Penick.

Before KENNEDY and RYAN, Circuit Judges, and FEIKENS, Senior District Judge.


PER CURIAM:

Appellee, the owner and operator of a night-club in the City of Covington, filed suit against appellants McClure and Penick1, the Covington fire captain and police lieutenant respectively, alleging that when appellants forced him to choose between closing his club or being arrested for violations of the fire code they were acting as part of a conspiracy to deprive, and did actually deprive, him of his right to operate a lawful...

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