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GEHL GROUP v. KOBY

No. 94-1016.

63 F.3d 1528 (1995)

The GEHL GROUP, a Florida corporation; Michael K. Brady; Fraternal Order of Police, Northern Colorado Lodge # 3; and Fraternal Order of Police, Colorado Metroplex, Plaintiffs-Appellants, v. Thomas KOBY, individually and in his official capacity as Chief of Police for the Police Department of the City of Boulder, Colorado; George Epp, individually and in his official capacity as Sheriff of Boulder County, Colorado; Boulder City Police Department; Boulder County Sheriff's Department; Boulder, City of; Board of County Commissioners of the County of Boulder, Colorado; Dave Hayes, individually and in his official capacity as a Sergeant for the Police Department of the City of Boulder, Colorado; Detective Ross, individually and in his official capacity as a Detective for the Police Department of the City of Boulder, Colorado; and John Does No. 1-12, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 16, 1995.

Attorney(s) appearing for the Case

Donald B. Gentry of Wood, Ris & Hames, P.C., Denver, CO (Michael E. Gurley, of Hamilton & Faatz, Denver, CO, with him on the brief), for plaintiffs-appellants.

Robert M. Liechty of Halaby, McCrea & Cross, Denver, CO (Theodore S. Halaby, of Halaby, McCrea & Cross, and Thomas B. Buescher, of Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, CO, co-counsel, for defendants-appellees Dave Hayes and Detective Ross, with him on the brief) for defendants-appellees Thomas Koby, the Boulder City Police Dept., City of Boulder, Dave Hayes, and Detective Ross.

Thomas B. Buescher, of Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, CO, for defendants-appellees Dave Hayes and Detective Ross, submitted on the briefs.

H. Lawrence Hoyt, Boulder County Atty., and Andrew R. MacDonald, Asst. Boulder County Atty., Boulder, CO, for defendants-appellees George Epp, the Boulder County Sheriff's Dept., and the Bd. of County Com'rs of the County of Boulder, submitted on the briefs.

Before BRORBY, Circuit Judge, McWILLIAMS, Senior Circuit Judge and EBEL, Circuit Judge.

EBEL, Circuit Judge.

Plaintiffs-Appellants ("Plaintiffs"), two Colorado chapters of the Fraternal Order of Police ("FOP") and their solicitation agent, the Gehl Group ("Gehl"), as well as Gehl's regional manager Michael Brady ("Brady"), brought this action under 42 U.S.C. §§ 1983 & 1985 and Colorado state law. Plaintiffs charged that various law enforcement and other officials of the City of Boulder ("City Defendants") and the County of Boulder ("County...

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