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COPAR PUMICE CO., INC. v. MORRIS

No. 09-2296.

639 F.3d 1025 (2011)

COPAR PUMICE COMPANY, INC., Plaintiff-Appellee, v. Allan MORRIS; Davis Yantos; Mary Uhl; Debra McElroy, in their individual capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 6, 2011.

Attorney(s) appearing for the Case

Jerry A. Walz ( Marco Serna , New Mexico General Services Dept., Risk Management Division, with him on the briefs), Walz and Associates, Cedar Crest, NM, for the Defendants-Appellants.

Joseph Edward Manges , Comeau, Maldegen, Templeman & Indall, LLP, Santa Fe, NM, for the Plaintiff-Appellee.

Before LUCERO, EBEL, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

New Mexico Environment Department ("NMED") inspectors Allan Morris and David Yantos seek to appeal the denial of qualified immunity in this 42 U.S.C. § 1983 suit brought by Copar Pumice Co. ("Copar").1 Morris and Yantos filed motions for summary judgment, which were denied based on the presence of disputed issues of material fact. The case proceeded to trial, after...

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