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ROSEWOOD SERVICES v. SUNFLOWER DIVERSIFIED

No. 03-3288.

413 F.3d 1163 (2005)

ROSEWOOD SERVICES, INC.; Tammy Hammond, Plaintiffs-Appellees, v. SUNFLOWER DIVERSIFIED SERVICES, INC., also known as Central Kansas Developmental Disabilities Organization; James Johnson, Defendants Appellants.

United States Court of Appeals, Tenth Circuit.

June 29, 2005.

Attorney(s) appearing for the Case

Teresa L. Sittenauer (J. Steven Pigg, on the briefs), Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, KS, appearing for Appellants.

Dan Biles, Gates, Biles, Shields & Ryan, P.A., Overland Park, KS, appearing for Appellees.

Before TACHA, Chief Circuit Judge, HENRY, and HARTZ, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiffs-Appellees Rosewood Services, Inc. ("Rosewood") and Tammy Hammond, Rosewood's sole shareholder, brought suit under 42 U.S.C. § 1983, alleging violations of constitutional rights guaranteed by the First and Fourteenth Amendments. Defendants-Appellants Sunflower Diversified Services, Inc. ("Sunflower"), a private non-profit corporation, and James Johnson, Sunflower's President, moved for summary judgment arguing that qualified...

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