UMBEHR v. McCLURE

No. 94-3022.

44 F.3d 876 (1995)

Keen A. UMBEHR, Plaintiff-Appellant, v. Joe McCLURE, Glen Heiser, and George Spencer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1995.


Attorney(s) appearing for the Case

Robert A. Van Kirk, Alexandria, VA (Richard H. Seaton and Brenda J. Bell, Everett Seaton Miller & Bell, Manhattan, KS, with him on briefs), for appellant.

Donald Patterson, Fisher Patterson Sayler & Smith, Topeka, KS, for appellees.

Before ANDERSON and TACHA, Circuit Judges, and CAMPOS, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

Plaintiff and appellant Keen A. Umbehr appeals the district court's grant of summary judgment to Defendants, members or exmembers of the Wabaunsee County Commission, on his 42 U.S.C. § 1983 action alleging that Defendants terminated a trash hauling contract in retaliation for Mr. Umbehr's exercise of his right to free speech. For the following reasons, we REVERSE and REMAND.

BACKGROUND

Mr. Umbehr operated...

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