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EBERLE v. CITY OF NEWTON, KANSAS

No. 02-1348-JTM.

296 F.Supp.2d 1276 (2003)

Reena EBERLE, Plaintiff, v. CITY OF NEWTON, KANSAS; Richard Daily, as Chief of Police for The City of Newton and individually; and Brad McMichael, as a police officer for The City of Newton, and individually, Defendants.

United States District Court, D. Kansas.

December 29, 2003.

Attorney(s) appearing for the Case

Frank J. Kamas, Render Kamas, L.C., Wichita, KS, Richard C. Morgan, Morgan Law Offices, Newton, KS, Terry D. Smith, Render Kamas, L.C., Wichita, KS, for Plaintiff.

Chanda M. Feldkamp, J. Steven Pigg, Teresa L. Sittenauer, Fisher, Patterson, Sayler & Smith-Topeka, Topeka, KS, Susan P. Selvidge, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

The court granted summary judgment in favor of the City of Newton, Chief Daily, and defendant Brad McMichael in his official capacity, as well as granting the separate motion of Officer McMichael, on October 30, 2003. The matter is now before the court on the Motion to Alter and Amend filed by plaintiff Reena Eberle.

Eberle argues in her motion that the court, since it did not grant summary judgment in...

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