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McKINNEY v. PATE

No. 91-3416.

985 F.2d 1502 (1993)

Millard McKINNEY, Plaintiff-Appellant, v. John PATE, individually and in his official capacity as Commissioner of the Osceola County Board of Commissioners, Jack Shannin, individually and in his official capacity as Development Dept. Director of Osceola County, and the Osceola County Board of Commissioners, collectively, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 17, 1993.

Attorney(s) appearing for the Case

Thomas J. Pilacek, Longwood, FL, for plaintiff-appellant.

Lewis E. Shelley, Tallahassee, FL, Neal D. Bowen, Kissimmee, FL, for defendants-appellees.

Before TJOFLAT, Chief Judge, and FAY and COX, Circuit Judges.

FAY, Circuit Judge:

Millard McKinney, the former Osceola County Building Official, appeals the district court's order setting aside the jury verdict in his favor because there was substantial evidence to support his claim that the Osceola Board of County Commissioners [hereinafter "the Board"] violated his right to substantive due process by terminating him without cause. In opposition, the Board1 asserts that the question of whether...

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