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WHITE v. HOLMES

No. 93-2464.

21 F.3d 277 (1994)

Michael A. WHITE, Plaintiff-Appellee, v. Madeline HOLMES; Charles Rosenkoetter, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1994.

Rehearing Denied May 18, 1994.

Attorney(s) appearing for the Case

Stewart M. Freilich, Asst. Atty. Gen., Jefferson City, MO, argued, for appellants.

Thomas L. Orris, St. Louis, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and FAGG, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Madeline Holmes and Charles Rosenkoetter appeal the district court's denial of their joint motion for summary judgment in the 42 U.S.C. § 1983 suit filed against them by Michael White. We reverse and remand with instructions for the court to enter summary judgment in favor of the defendants.

I. BACKGROUND

Holmes was employed as an institutional librarian at the Missouri State Penitentiary ("MSP"), and Rosenkoetter...

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