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BUTLER v. ELLE

No. 99-35393.

281 F.3d 1014 (2002)

Cornelius "Neil" BUTLER, Jr. Butler Trailer Manufacturing Company, Plaintiffs-Appellants, v. Eric ELLE, individually and in his official capacity as an investigator with the Idaho Transportation Department; Scott Shaw, individually and in his official capacity as Franklin County Sheriff; Don B. Beckstead, individually and in his official capacity as Franklin County Sheriff; Jay B. Heusser, individually and in his official capacity as Mayor of Preston; Mark Beckstead, individually and in his official capacity as a police officer for the Preston Police Department; Ned Robert Burton, individually and in his official capacity as a police officer for the Preston Police Department; Jay R. McKenzie, individually and in his official capacity as Franklin County Prosecutor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

Robert E. Rader, Jr., Rader, Campbell, Fisher & Pyke, Dallas, TX, for the plaintiffs-appellants.

David H. Shipman, Hopkins, Roden, Crockett, Hansen & Hoopes; Blake G. Hall, Anderson, Nelson, Hall, Smith, Idaho Falls, ID, for the defendants-appellees.

Before: LAY, TROTT and BERZON, Circuit Judges.

Per Curiam Opinion; Partial Concurrence and Partial Dissent by Judge LAY.

PER CURIAM.

This is an appeal from an entry of summary judgment by the United States District Court for the District of Idaho in favor of seven local government officials against whom an Idaho businessman brought charges under the United States and Idaho Constitutions, 42 U.S.C. §§ 1983, 1985(3), and various Idaho statutes. We affirm in part and reverse in part.

I...

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