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DOMINA v. VAN PELT

Nos. 00-1217, 00-1242, 00-1243, 00-1244 and 00-1245.

235 F.3d 1091 (2000)

Wendell DOMINA, Blaise Riggs, Linden Snyder, Van Harpold, and Jerry Soule, Appellees, v. George VAN PELT, Individually; Klayton Johnson, Individually; Dale Shaul, Individually; and Charles Person, Individually, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2000.

Attorney(s) appearing for the Case

Kimberly K. Sturgenegger, argued, Lincoln, NE (Richard L. Boucher, on the brief), for Appellants.

Kay A. Nehring, argued, Mitchell, NE, for Appellees.

Before HANSEN, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

We view the record in the light most favorable to the plaintiffs. See Burnham v. Ianni, 119 F.3d 668, 673 (8th Cir.1997) (en banc). While Blaise Riggs was a member of the Banner County, Nebraska, road crew, he observed Charles Person, who had recently retired as the county road superintendent, and the road department secretary in an office during the noon hour engaged in what appeared...

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