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SMUTKA v. CITY OF HUTCHINSON

No. 05-3167.

451 F.3d 522 (2006)

Nathan SMUTKA, Appellant, v. CITY OF HUTCHINSON; Hutchinson Utilities Commission, municipal corporations; Paul Ackland; Craig Lenz; Donald Walser; David Wetterling; Marc Sebora; Patrick Spethman, each in their individual capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 23, 2006.

Attorney(s) appearing for the Case

Richard T. Wylie, argued, Minneapolis, Minnesota, for appellant.

Julie Anne Fleming-Wolfe, argued, St. Paul, Minnesota, for appellee.

Before MURPHY, BOWMAN, and BENTON, Circuit Judges.

BOWMAN, Circuit Judge.

Nathan Smutka sued the City of Hutchinson; the Hutchinson Utilities Commission (HUC); HUC Commissioners Paul Ackland, Craig Lenz, Donald Walser, and David Wetterling; City Attorney Marc Sebora; and HUC Business Manager Patrick Spethman (collectively, the defendants) alleging that the defendants violated Smutka's procedural-due-process rights when HUC terminated his employment.1 The District Court

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