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ALTERNATE FUELS, INC. v. CABANAS

Nos. 06-3794, 07-1462.

538 F.3d 969 (2008)

ALTERNATE FUELS, INC. and Larry W. Pommier, Appellant/Cross-Appellees, v. Thomas M. CABANAS and Richard A. Hall, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2008.

Attorney(s) appearing for the Case

Mark T. Kempton, Kempton and Russell, Sedalia, MO, argued (Spencer W. Eisenmenger, Kempton and Russell, Sedalia, MO, W. James Foland, William F. Logan, Foland, Wickens, Eisfelder, Roper & Hofer, P.C., Kansas City, MO, on the brief), for appellants.

Bart A. Metanic, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., Shelley Ann Woods and Ryan E. Bertels, Asst. Attys. Gen., on the brief), for appellee.

Before WOLLMAN, and BENTON, Circuit Judges, and DOTY, District Judge.

BENTON, Circuit Judge.

Alternate Fuels, Inc. (AFI) and its President, Larry W. Pommier, sued two officials of the Missouri Department of Natural Resources (DNR) — Thomas M. Cabanas and Richard A. Hall — for denial of equal protection, tortious interference with contract, and First Amendment retaliation. Summary judgment was granted to Cabanas and Hall on all claims except part of AFI's tortious-interference-with-contract claim against Cabanas, who appealed...

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