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SAMUELS v. MERIWETHER

No. 95-3647.

94 F.3d 1163 (1996)

John D. SAMUELS; Mary Samuels, Appellees, v. David MERIWETHER, Individually and as City Manager of the City of Hope, Arkansas, Appellant, Dennis Ramsey, Individually and as Mayor of the City of Hope, Arkansas; David Johnson, Individually and Vice Mayor of the City of Hope, Arkansas; J.C. Winemiller, Individually and as a Member of the Board of Directors of the City of Hope, Arkansas; Don Still, Individually and as a Member of the Board of Directors of the City of Hope, Arkansas; Bucky Sharp, Individually and as a Member of the Board of Directors of the City of Hope, Arkansas; Willie Walker, Individually and as a Member of the Board of Directors of the City of Hope, Arkansas; Doodle Franklin, Individually and as a Member of the Board of Directors of the City of Hope, Arkansas, Defendants, Dale Garrett, Individually and as an employee of the City of Hope, Arkansas; City of Hope, Arkansas, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1996.

Attorney(s) appearing for the Case

Beni Shane Perry, North Little Rock, AR, argued (David C. Schoen, on the brief), for appellant.

Quincy Byrum Hurst, Jr., Hot Springs, AR, argued (Sherry L. Davis, on the brief), for appellees.

Before MAGILL and LOKEN, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge.

Dale Garrett, Code Enforcement Officer for the City of Hope, Arkansas, and David Meriwether, City Manager, appeal from the district court's denial of a motion for summary judgment based on qualified immunity. The City appeals on the merits of the denial of summary judgment. Garrett, Meriwether and the City, among others not mentioned here, were named as defendants in a lawsuit filed under 42 U.S.C. § 1983 by John D. Samuels and Mary Samuels....

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