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KEITH v. MULLINS

No. 97-3150WA.

162 F.3d 539 (1998)

Stephen KEITH, As Parent and Next Friend of Ezekiel Keith, a Minor; Susan Keith, As Parent and Next Friend of Ezekiel Keith, a Minor, Appellants, Ezekiel Keith, a Minor, Plaintiff, v. Joe MULLINS, As County Judge of Columbia County, Arkansas; Kelly J. Blair, As Justice of the Peace of the Columbia County Quorum Court; Richard P. Clark, As Justice of the Peace of the Columbia County Quorum Court; Marshall Ray Mooney, As Justice of the Peace of the Columbia County Quorum Court; Howard A. Gordon, As Justice of the Peace of the Columbia County Quorum Court; Bruce Maloch, As Justice of the Peace of the Columbia County Quorum Court; Jimmy Furr, As Justice of the Peace of the Columbia County Quorum Court; Cal D. Shepherd, As Justice of the Peace of the Columbia County Quorum Court; David Fielding, As Justice of the Peace of the Columbia County Quorum Court; Allen R. Pinney, As Justice of the Peace of the Columbia County Quorum Court; Ken Sibley, As Justice of the Peace of the Columbia County Quorum Court; Homer F. Greer, As Justice of the Peace of the Columbia County Quorum Court, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Steven R. Davis, John T. Haskins, Little Rock, AR, argued (Steven R. Davis, on the brief), for Appellant.

Robert A. Russell, Little Rock, AR, argued, for Appellee.

Before RICHARD S. ARNOLD, BEAM, and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

Stephen and Susan Keith appeal the District Court's order granting defendants' motion to amend a mandatory injunction entered by the Court. For the reasons discussed below, we reverse the judgment of the District Court and remand for an evidentiary hearing.

The Keiths' son, Ezekiel, uses a wheelchair. In their January 1996 lawsuit, the Keiths contended that Columbia County, Arkansas, failed to make the entrance to the County...

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