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EWY v. STURTEVANT

No. 96CA2083.

962 P.2d 991 (1998)

Don R. EWY and Ann B. Ewy, Plaintiffs-Appellees, v. Robert B. STURTEVANT, in his personal capacity and in his official capacity as a Colorado State Forest Service Forester; Paul Janzen, in his personal capacity and in his official capacity as a Colorado State Forest Service Forester; Terry Wattles, in his personal capacity and in his official capacity as a Colorado State Forest Service Forester; and Thomas Ostermann, in his personal capacity and in his official capacity as a Colorado State Forest Service Supervisor, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

As Modified on the Denial of Rehearing June 25, 1998.

Attorney(s) appearing for the Case

Richard F. Zier, Fort Collins, for Plaintiffs-Appellees.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Gregg E. Kay, First Assistant Attorney General, William E. Thro, Assistant Attorney General, Denver, for Defendants-Appellants.

Opinion by Judge ROY.

Defendants, Robert B. Sturtevant, Paul Janzen, Terry Wattles, and Thomas Ostermann, bring this appeal from the denial of their motion to dismiss the claims under 42 U.S.C. § 1983 (1994) brought against them individually by plaintiffs, Don R. and Ann B. Ewy. We reverse and remand with directions to dismiss the complaint.

According to the complaint, plaintiff Don Ewy is a sole proprietor of a timber cutting business which regularly...

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