United States Eighth Circuit

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Alternate Fuels, Inc. v. Cabanas, 06-3794, 07-1462

In an action against Missouri Department of Natural Resources officials claiming denial of equal protection, tortious interference with contract, and First Amendment retaliation, partial summary judgment for defendant on the First Amendment claim and judgment pursuant to jury verdict for plaintiff on the tortious-interference claim are affirmed where: 1) plaintiff had no standing to assert the First Amendment claim; 2) defendant's motions for judgment as a matter of law could not be the basis of an appeal; 3) the district court properly refused defendant's "official duties" and "official immunity" instructions; and 4) the district court had subject matter jurisdiction over the tortious-interference claim.

Appellate Information

  • Decided 08/18/2008
  • Published 08/18/2008

Judges

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

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • 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.

  • For Appellees:
  • 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.

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