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KAMPLAIN v. CURRY COUNTY BD. OF COM'RS

No. 97-2144.

159 F.3d 1248 (1998)

Gary KAMPLAIN, Plaintiff-Appellee, v. CURRY COUNTY BOARD OF COMMISSIONERS; Frank H. Blackburn; Paul D. Barnes; Darrel Bostwick; Johnny Chavez; and Joel David Snider, Defendants-Appellants, and Mike Jackson, Sheriff, and Matt Murray, Chief Deputy, Defendants.

United States Court of Appeals, Tenth Circuit.

October 27, 1998.

Attorney(s) appearing for the Case

Emily A. Franke (James P. Lyle with her on the briefs) of Butt, Thornton & Baehr, P.C., Albuquerque, NM, for Defendants-Appellants.

Kenneth C. Downes of Kenneth C. Downes & Associates, P.C., Albuquerque, NM, and Stephen G. French, Albuquerque, NM (Christopher L. Harlos of Kenneth C. Downes & Associates, P.C., Albuquerque, NM, with them on the brief), for Plaintiff-Appellee.

Before PORFILIO, McKAY, and BRORBY, Circuit Judges.

McKAY, Circuit Judge.

This civil rights action arose from the actions taken by the Curry County Board of Commissioners in August 1996. Plaintiff Mr. Gary Kamplain attended a Curry County Commission public hearing on August 6, 1996, at which he represented his employer, Tom Growney Equipment, Inc., in the awarding of bids. Plaintiff was removed from the public hearing after he protested the Board's award of a bid to a competitor of his employer. At the regularly scheduled...

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