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SIMONS v. CITY OF GRAND FORKS

No. 92-1581.

985 F.2d 981 (1993)

Robert J. SIMONS, Plaintiff-Appellant, v. CITY OF GRAND FORKS, a municipal corporation; Michael Polovitz, individually and as Mayor of the City of Grand Forks; Grand Forks Civil Service Commission; Sally Page, individually and as a member of the Grand Forks Civil Service Commission; Arvin Kvasager, individually and as a member of the Grand Forks Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1993.

Attorney(s) appearing for the Case

John D. Kelly, Fargo, ND, argued, for plaintiff-appellant.

Robert Allen Feder, Fargo, ND, argued, for defendants-appellees.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and BOGUE, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

Robert Simons appeals from the district court's entry of summary judgment denying his 42 U.S.C. § 1983 (1988) claim against the City of Grand Forks, North Dakota, and its officers. Simons had alleged that he was dismissed from his position as City Assessor without due process. Simons argues that the district court1 erred in failing to recognize factual issues remaining as to the constitutional adequacy...

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