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PHELPS v. HAMILTON

No. 93-3280.

59 F.3d 1058 (1995)

Fred W. PHELPS, Sr.; and Edward F. Engel, Plaintiffs-Appellees, v. Joan HAMILTON, in her official capacity as District Attorney, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 11, 1995.

Attorney(s) appearing for the Case

Margie J. Phelps, and Elizabeth M. Phelps of Phelps-Chartered, Topeka, KS, for plaintiffs-appellees.

Carol R. Bonebrake, Asst. Atty. Gen., Office of the Atty. Gen., Topeka, KS, for defendant-appellant.

Before EBEL, McKAY, and REAVLEY, Circuit Judges.

EBEL, Circuit Judge.

Plaintiffs-Appellees, Fred Phelps ("Phelps") and Edward Engel ("Engel") (collectively "Plaintiffs"), are both Topeka, Kansas residents active in a campaign against homosexuality. Defendant-Appellant Joan Hamilton ("Hamilton") is the district attorney for the Third Judicial District in Topeka. Following her election in 1992, Hamilton brought several prosecutions against Phelps for violating Kansas' criminal defamation statute. Plaintiffs brought...

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