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BEYERBACH v. SEARS, CO II

No. 94-2061.

49 F.3d 1324 (1995)

Larry BEYERBACH, Plaintiff-Appellee, v. Hobert SEARS, CO II; Melvin H. Smith; Linda Minshall, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1995.

Attorney(s) appearing for the Case

Michael Eugene Cook Pritchett, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon,

John R. Munich and Michael Pritchett, on the brief), for appellants.

Philip R. Dupont, Kansas City, MO, argued, for appellee.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

The defendants, Hobert Sears, Melvin H. Smith, and Linda Minshall, appeal the district court's order denying them summary judgment on plaintiff Larry Beyerbach's claim under 42 U.S.C. § 1983 that defendants violated his Eighth Amendment rights. Beyerbach has alleged that the defendants acted with deliberate indifference to his medical needs by delaying treatment of his broken hand. The defendants assert that the district court erred in...

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