HUBBERT v. CITY OF MOORE, OKL.

No. 89-6333.

923 F.2d 769 (1991)

Thomas HUBBERT and Pia P. Hubbert, husband and wife, Plaintiffs-Appellees, v. CITY OF MOORE, OKLAHOMA, a/k/a City of Moore Police Department, and Oklahoma Gas & Electric Company, Defendants, and Officer Tim A. Doran and Officer Alan McCoy, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 9, 1991.


Attorney(s) appearing for the Case

Reggie N. Whitten (Kathryn D. Mills, Mills, Whitten, Mills, Mills & Hinkle, Oklahoma City, Okl., with him on the briefs), Mills, Whitten, Mills, Mills & Hinkle, Oklahoma City, Okl., for defendants-appellants Officer Tim A. Doran and Officer Alan McCoy.

Rex K. Travis (Michael S. Homsey, Gary B. Homsey and Jimmie A. Franklin, Oklahoma City, Okl., on the briefs), Oklahoma City, Okl., for plaintiffs-appellees.

Before MOORE, TACHA, and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

Defendants-appellants Tim Doran and Alan McCoy appeal a district court order denying their motion for summary judgment. On appeal, Doran and McCoy argue the district court erred in finding: (1) the determination of probable cause in a criminal proceeding resulting in an acquittal has no preclusive effect in a subsequent civil action and (2) a genuine question of material fact remained on the issue of probable cause as it relates to their defense...

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