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FRY v. BD. OF CTY. COM'RS OF BACA

Nos. 92-1091, 92-1138 and 92-1143.

7 F.3d 936 (1993)

Dewayne FRY, Luella Fry, Dallas Fry and Lisa Fry, Plaintiffs-Appellants and Cross-Appellees, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BACA, STATE OF COLORADO; Donald E. Self, in his official capacity as a member of the Board of County Commissioners of the County of Baca, and as an individual; Roy Brinkley, in his official capacity as a member of the Board of County Commissioners of the County of Baca, and as an individual; Harold Smith, in his official capacity as a member of the Board of County Commissioners of the County of Baca, Richard Leo Turner, Johnny B. Boaldin, and Verne E. Moore, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 15, 1993.

Attorney(s) appearing for the Case

Russell O. Stewart (Joseph M. Montano, and Leslie A. Fields, with him on the brief), Faegre & Benson, Denver, CO, for plaintiffs-appellants.

Steven J. Dawes (Paul E. Collins, with him on the brief), Greengard Senter Goldfarb & Rice, Denver, CO, for defendants-appellees.

Michael T. Mitchell, Parker, CO, for defendants-appellees Richard Leo Turner, Johnny B. Boaldin and Verne E. Moore.

Before TACHA and BARRETT, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

This civil rights action arose from the efforts of the Fry family to open a section line service road along land which they own or occupy in Baca County, Colorado. The defendant-appellees are the Baca County Board of County Commissioners, its individual commissioners Self, Brinkley, and Smith, in their official capacities, and three landowners in the area, Turner, Boaldin and Moore. Commissioners Brinkley and Smith were also...

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