F I L E D
United States Court of Appeals
Tenth Circuit
APR 8 1998
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT PATRICK FISHER
Clerk
EDWARD VAUGHN KELLER,
Plaintiff-Appellant,
No. 97-4205
v. (Dist. of Utah)
(D.C. No. 94-CV-579-S)
WILLIAM ALBRIGHT,
Defendant-Appellee.
ORDER AND JUDGMENT *
Before BALDOCK, EBEL, and MURPHY, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The court therefore
honors the parties’ requests and orders the cause submitted without oral argument.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
This court has conducted a de novo review of the parties’ appellate briefs
and contentions, the district court’s Memorandum Decision, and the entire record
on appeal. Based upon that de novo review, we affirm for substantially those
reasons set out in the district court’s thorough Memorandum Decision dated
November 17, 1997.
The judgment of the United States District Court for the District of Utah is
hereby AFFIRMED .
ENTERED FOR THE COURT
Michael R. Murphy
Circuit Judge
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