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MEYERS v. STARKE

No. 04-2770.

420 F.3d 738 (2005)

Vicky MEYERS, Appellant, v. Joyce STARKE, Individually and in her official capacity; Kathy Carter, Individually and in her official capacity; Darren Duncan, Individually and in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Rehearing and Rehearing Denied September 20, 2005.

Attorney(s) appearing for the Case

Joy Shiffermiller, argued, Lincoln, NE, for appellant.

Douglas Dexter, argued, Asst. Atty. Gen., Lincoln, NE, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 20, 2005.

SMITH, Circuit Judge.

Vicky Meyers appeals the decision of the magistrate judge1 granting judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 in favor of Nebraska Health and Human Services (NHHS), Joyce Starke, Kathy Carter, and Darren Duncan (appellees). For reversal, Meyers argues that the magistrate judge erred: (1) in considering whether Meyers...

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