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FITZGERALD v. PATRICK

No. 90-1383.

927 F.2d 1037 (1991)

Thomas L. FITZGERALD, a/k/a Robert Allen, Appellant, v. Sgt. M.E. PATRICK; C.W. Townesend, Officer of the Missouri State Highway Patrol; C.E. Fisher, Superintendent of the Missouri State Highway Patrol; T.L. Gray, Officer of the Missouri State Highway Patrol; D.E. Holt, Officer of the Missouri State Highway Patrol; T.R. Selvey, Officer of the Missouri State Highway Patrol; S.T. Oglesby, Officer of the Missouri State Highway Patrol; W.R. Petrus, Retired Officer of the Missouri State Highway Patrol, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

William D. Beil, Kansas City, Mo., for appellant.

Theodore A. Bruce, Jefferson City, Mo., for appellees.

Before LAY, Chief Judge, and BRIGHT, Senior Circuit Judge, and VAN SICKLE, Senior District Judge.

PER CURIAM.

Thomas Fitzgerald's pro se petition for rehearing is hereby denied. The officers' petition for rehearing is hereby granted. The suggestion for en banc rehearing is denied as moot. The opinion of this court dated December 13, 1990, is ordered vacated. This amended opinion is ordered to be filed.

Thomas Fitzgerald appeals a summary judgment in his 42 U.S.C. § 1983 (1989), claim against several law enforcement officers.

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