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BARNES v. CITY OF OMAHA

No. 07-3942.

574 F.3d 1003 (2009)

Perry BARNES; Matthew Miller David Rathjen; Michael Schmid Kurt Denker; Richard Berggen Patrick McDowell, Plaintiffs-Appellants, v. CITY OF OMAHA, A Municipal Corporation; Michael G. Fahey, individually and in his official capacity; Thomas Warren, individually and in his official Capacity; Paul Landow, individually and in his official capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2009.

Attorney(s) appearing for the Case

Jerold V. Fennell, argued, Elm Grove, WI, for appellant.

Alan M. Thelen, argued, Omaha, NE, for appellee.

Before MELLOY, ARNOLD, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

The Plaintiffs appeal the district court's1 adverse grant of summary judgment dismissing their claim that the Defendants unconstitutionally deprived them of their employment without due process of law. We affirm.

I.

The parties do not dispute the material facts of this case. The Plaintiffs were police officers for the City of Elkhorn, Nebraska, which Nebraska law classified as a "first class" city...

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