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ASWEGAN v. BRUHL

No. 91-1754.

965 F.2d 676 (1992)

Raymond W. ASWEGAN, Plaintiff-Appellee, v. Captain BRUHL; Lieutenant Birdsell; c/o Gary Rea; c/o Roush; Lieutenant Bowden; Roger Lawson; Charlie Harper; Defendants, John Emmett; John C. Henry, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Suzie Ann Berregaard Thomas, Asst. Atty. Gen., Des Moines, Iowa, argued, for defendants-appellants.

H. Richard Smith, Des Moines, Iowa, argued (R. Mark Cory, on the brief), for plaintiff-appellee.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

John Emmett, Security Director of the Iowa State Penitentiary in Fort Madison, Iowa, and John Henry, Deputy Warden, appeal from a judgment entered in favor of Raymond Aswegan in his 42 U.S.C. § 1983 (1988) action claiming deliberate indifference to his serious medical needs. Emmett and Henry argue that the district court1 erred in denying their motion for judgment notwithstanding the verdict or for a new trial based on...

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