United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 97-1226WM _____________

Vincent L. Lomax, * * Appellant, * * Carol Lomax, * On Appeal from the United States * District Court for the Plaintiff, * Western District of Missouri. * v. * [Not to be Published] * City of Joplin, Missouri, * * Appellee. * *

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Submitted: October 3, 1997 Filed: October 27, 1997 ___________

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, and BEAM, Circuit Judges. ___________

PER CURIAM. Vincent Lomax appeals1 from the District Court&s 2 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against the City of Joplin, Missouri, and others. Upon review of the record and the parties& submissions on appeal, we conclude that the judgment of the District Court is correct. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 We reject appellees& suggestion that the notice of appeal is untimely. See Fed. R. App. P. 4(c); Van Orman v. Purkett, 43 F.3d 1201, 1202 (8th Cir. 1994). 2 The Honorable Joseph E. Stevens, Jr., United States District Judge for the Western District of Missouri.

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