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HEUSER v. KEPHART

No. 98-2233.

215 F.3d 1186 (2000)

Anthony HEUSER and Nona Heuser, Plaintiffs-Appellants, v. Frank KEPHART; Farmington Utility System; Jack McQuitty, Code Compliance Officer; Stephen Hrzich, City Electrical Inspector, City of Farmington; James Cheverie, Roger Lasater, San Juan County Board of County Commissioners, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 30, 2000.

Attorney(s) appearing for the Case

Debra D. Poulin, Santa Fe, New Mexico, (Richard Rosenstock, Santa Fe, New Mexico and Jeffrey J. Buckels, Albuquerque, New Mexico on the briefs) for the plaintiffs-appellants.

David G. Reynolds (Wayne E. Bingham with him on the brief), Crider, Bingham & Hurst, P.C., Albuquerque, New Mexico, for the defendants-appellees Hrzich, McQuitty and City of Farmington Utility System.

Robert C. Armijo (Gregory W. MacKenzie with him on the brief), Civerolo, Gralow & Hill, Albuquerque, New Mexico, for defendants-appellees Kephart, Cheverie, Lasater and San Juan County Board of County Commissioners.

Before EBEL, HOLLOWAY and KELLY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiffs/appellants Anthony and Nona Heuser (plaintiffs) bring this timely appeal from a judgment of the district court dismissing, pursuant to a putative settlement agreement, a suit they brought under 42 U.S.C. § 1983. The Section 1983 action alleged constitutional violations by state, county and city officials in denying electrical services to plaintiffs, inter alia. Contending that no enforceable settlement agreement had...

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