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STARNES v. SMITH

No. 93-2307.

37 F.3d 1455 (1994)

David Clyde STARNES, Shannon Rumley, Plaintiffs-Appellants, v. Ivan SMITH, Detective, in his individual and official capacity; Desi GARCIA, Sergeant, in his individual and official capacity, Defendants-Appellees, and City of Albuquerque, a municipality within the State of New Mexico; Thrift Town, Inc., a New Mexico corporation; Association for Retarded Citizens of Albuquerque, Inc., a New Mexico corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

October 20, 1994.

Attorney(s) appearing for the Case

Paul J. Kennedy, Albuquerque, NM, for plaintiffs-appellants.

Luis Robles, Asst. City Atty., Albuquerque, NM, for defendants-appellees Ivan Smith and Desi Garcia.

Before TACHA, BRORBY, Circuit Judges, and KANE, Senior District Judge.

KANE, Senior District Judge.

Plaintiffs David Starnes and Shannon Rumley appeal from a summary judgment dismissing their claims against defendants Desi Garcia and Ivan Smith.1 Plaintiffs argue that 1) they were denied an opportunity to respond adequately to defendants' motion for summary judgment, 2) certain material facts remain disputed, and 3) the district court's grant of summary judgment to defendants was inconsistent with applicable...

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