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81 F.3d 165

Docket No. 95-3565WA

Gunn v. Minor

Eighth Circuit Court of Appeals

Submitted: April 4, 1996. Filed: April 9, 1996.

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Eighth Circuit Court of Appeals · decided 1996-04-04

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Morrison v. Olson · Robert Schmid v. United Brotherhood Of Carpenters And Joiners Of America · Gregory J. Cooke v. United States

Opinion by Per Curiam · Decided 1996-04-04

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

PER CURIAM.

¶1

Otis Wayne Gunn appeals the district court's adverse judgment following a bench trial in Gunn's 42 U.S.C. § 1983 action. Because Gunn did not provide a transcript after we denied his request for one at government expense, we cannot review the district court's factual findings. See Fed. R.App. P. 10(b)(2); Schmid v. United Brotherhood of Carpenters and Joiners of America, 827 F.2d 384, 386 (8th Cir.1987) (per curiam), cert. denied, 484 U.S. 1071 (1988). Accepting those findings as correct, we conclude no error of law appears. We thus affirm. See 8th Cir. R. 47B.

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