United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-2835 ___________ Edward J. Priebe, * * Appellant, * * Appeal from the United States v. * District Court for the * District of South Dakota.

City of Spearfish; David Batdorf, * * [UNPUBLISHED] Appellees. * ___________ Submitted: November 6, 1998 Filed: December 4, 1998 ___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Edward J. Priebe appeals from the district court’s1 order granting summary judgment for defendants in his civil rights action. Having carefully reviewed the record, we affirm the judgment of the district court for the reasons set forth in its order.

See 8th Cir. R. 47B.

The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota.

A true copy.

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

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