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NEWTON v. LEE

Nos. 10-4063, 10-4072.

677 F.3d 1017 (2012)

Robert NEWTON, Plaintiff-Appellee/Cross-Appellant, v. Wayne E. LEE and John R. Teter, in their individual capacities, Defendants-Appellants/Cross-Appellees, and Brian L. Tarbet, Brent E. Winget, and Larry T. Johnson, in their official and individual capacities, Defendants.

United States Court of Appeals, Tenth Circuit.

April 24, 2012.

Attorney(s) appearing for the Case

Bridget K. Romano , Assistant Utah Attorney General ( Mark L. Shurtleff , Utah Attorney General, with her on the briefs), Salt Lake City, UT, for Defendants-Appellants/Cross-Appellees.

D. Scott Crook ( R. Christopher Preston with him on the brief) of Smith Hartvigsen, PLLC, Salt Lake City, UT, for Plaintiff-Appellee/Cross-Appellant.

Before KELLY, SEYMOUR, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Robert Newton alleges Major John R. Teter and Lieutenant Colonel Wayne E. Lee of the Utah Air National Guard violated his due process rights when they suspended and subsequently withdrew his Air Traffic Control Specialist (ATCS) certificate, and when they suspended his employment as an Air Traffic Control Supervisor at Hill Air Force Base in Utah.1 The district court granted...

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