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ELLIS v. SKINNER

No. 91-4013.

961 F.2d 912 (1992)

Stephen B. ELLIS, Plaintiff-Appellant, v. Samuel SKINNER, in his official capacity as the Secretary, United States Department of Transportation; Thomas D. Larson, in his official capacity as the Deputy Administrator, Federal Highway Administration, United States Department of Transportation; Louis N. MacDonald, in his official capacity as the Regional Administrator, Federal Highway Administration; Eugene Findlay, individually and in his official capacity as Director of the Utah Department of Transportation; and Mario Blanco, individually and in his official capacity as Civil Rights Coordinator, Utah Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 10, 1992.

Attorney(s) appearing for the Case

William Perry Pendley and Todd S. Welch, Mountain States Legal Foundation, Denver, Colo., on the briefs for plaintiff-appellant.

Dee V. Benson, U.S. Atty., R. Paul Van Dam, Atty. Gen., State of Utah, Leland D. Ford, Asst. Atty. Gen., State of Utah, John R. Dunne, Asst. Atty. Gen., Dept. of Justice, Civil Rights Div., Washington, D.C., David K. Flynn and Thomas E. Chandler, Attys., Dept. of Justice, Civil Rights Div., Washington, D.C., for defendants-appellees.

Before McKAY, Chief Judge, McWILLIAMS, Circuit Judge, and BROWN, District Judge.

McKAY, Chief Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Appellant Stephen Ellis appeals an order of the district court granting summary judgment in favor of the appellees...

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