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PROCHASKA v. MARCOUX

Nos. 79-1347, 79-1348.

632 F.2d 848 (1980)

Frank J. PROCHASKA, Plaintiff-Appellant Cross-Appellee, v. Francis H. MARCOUX, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 10, 1980.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Estes Park, Colo., for plaintiff-appellant. (Excused from oral argument).

David R. Brougham of Yegge, Hall & Evans, Denver, Colo., for Defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Frank J. Prochaska (Prochaska) appeals an order and judgment granting Francis Marcoux' (Marcoux) motion for summary judgment. Prochaska initiated the action on July 3, 1978 seeking compensatory and exemplary damages for Marcoux' alleged violation of his civil rights under 42 U.S.C.A. § 1983. A brief summary of the facts will facilitate our appellate disposition.

Marcoux is a wildlife conservation officer with the Colorado Division...

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