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ARZATE v. CITY OF TOPEKA

No. 93-4128-SAC.

884 F.Supp. 1494 (1995)

Rodolfo G. ARZATE, Plaintiff, v. CITY OF TOPEKA, Topeka Police Department, Undersheriff William Dickerson, Capt. William Beightel, Lt. Kenneth Gorman, and Linda Gainer, Animal Control Manager, Defendants.

United States District Court, D. Kansas.

March 1, 1995.

Attorney(s) appearing for the Case

Amy C. Bixler, Alan G. Warner, Patricia Kelly, Topeka, KS, for plaintiff.

David D. Plinsky, Office of City Atty., City of Topeka, H. Neil Roach, Municipal Court, City of Topeka, Topeka, KS, for defendants.

MEMORANDUM AND ORDER

CROW, District Judge.

Trial of this case commenced on February 6, 1995. Based upon the agreement of the parties, several joint exhibits were admitted into evidence at the outset of trial. The plaintiff called each of the human defendants in his case-in-chief. The only other witness called by the plaintiff was the plaintiff himself. At the close of the plaintiff's case-in-chief, the court granted the defendants' motion judgment as a matter...

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