United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 98-3702 ___________

Milton P. Heyde, * * Appellant, * * Erna Heyde; Reinhold Heyde, * * Plaintiffs, * * v. * Appeal from the United States * District Court for the Greg Woodley; Arlen Throne; Ken * Northern District of Iowa. Lubkeman, * * [UNPUBLISHED] Appellees, * * Brent Symens; Duane Payne; * James Drew; Iowa Department * of Natural Resources; County of * Franklin, * * Defendants. * ___________

Submitted: November 30, 1999 Filed: December 9, 1999 ___________

Before BOWMAN, FAGG, and MURPHY, Circuit Judges. ___________

PER CURIAM. Milton P. Heyde appeals from the District Court’s1 grant of summary judgment in his 42 U.S.C. § 1983 action, which arises out of a deer-poaching investigation. Having carefully reviewed the record and the parties’ briefs, we conclude that the District Court properly granted summary judgment to defendants and did not abuse its discretion in granting the protective order.

Accordingly, we affirm the judgment of the District Court. See 8th Cir. R. 47B.

A true copy.

Attest:

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

1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. -2-