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CARTER v. ARKANSAS

No. 04-1017.

392 F.3d 965 (2004)

Herbert CARTER, individually and on behalf of all others similarly situated, Appellant, v. State of ARKANSAS; State and Public School Life and Health Insurance Board; Mike Huckabee, Honorable, individually and in his official capacity as Governor of the State of Arkansas; John Hartnedy, individually and in his official capacity as a member of the State and Public School Life and Health Insurance Board; Preston A. Means, individually and in his official capacity as a member of the State Public School Life and Health Insurance Board; Joseph Thompson, Dr., individually and in his official capacity as a member of the State and Public School Life and Health Insurance Board; Janie D. White, individually and in her official capacity as a member of the State and Public School Life and Health Insurance Board; Bobbie A. Davis, Dr., individually and in her official capacity as a member of the State and Public School Life and Health Insurance Board; Darrell Montgomery, individually and in his official capacity as a member of the State and Public School Life and Health Insurance Board; Vance Strange, individually and in his official capacity as a member of the State and Public School Life and Health Insurance Board; Robert Watson, individually and in his official capacity as a member of the State and Public School Life and Health Insurance Board, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 17, 2004.

Attorney(s) appearing for the Case

Lawrence W. Jackson, argued, West Memphis, AR (Kent J. Rubens, West Memphis, AR, on the brief), for appellant.

Mark A. Hagemeier, argued, AAG, Little Rock, AR (Patricia Van Ausdall Bell, on the brief), for appellee.

Before RILEY, McMILLIAN, and GRUENDER. Circuit Judges.

MCMILLIAN, Circuit Judge.

Herbert Carter appeals from a final judgment entered in the District Court for the Eastern District of Arkansas1 dismissing his federal equal protection and due process claims against state officials for failure to state a claim under Fed.R.Civ.P. 12(b)(6). We affirm.

Carter, a former superintendent of the Marion, Arkansas, school district, is a retired public...

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