Clint Small, et al v. James McCrystal, et al


OPINION FILED - THE COURT: Diana E. Murphy, Duane Benton and Bobby E. Shepherd AUTHORING JUDGE:Duane Benton (PUBLISHED) [4005848] [12-1933]

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United States Court of Appeals For The Eighth Circuit Thomas F. Eagleton U.S. Courthouse 111 South 10th Street, Room 24.329 St. Louis, Missouri 63102 VOICE (314) 244-2400 FAX (314) 244-2780 Michael E. Gans Clerk of Court February 19, 2013 Ms. Linda A. Jensen-Hall GALLAGHER & LANGLAS 405 E. Fifth Street P.O. Box 2615 Waterloo, IA 50704-2615 Mr. Douglas L. Phillips KLASS LAW FIRM Suite 290 4280 Sergeant Road Sioux City, IA 51106 RE: 12-1933 Clint Small, et al v. James McCrystal, et al Dear Counsel: The court has issued an opinion in this case. Judgment has been entered in accordance with the opinion. The opinion will be released to the public at 10:00a.m. today. Please hold the opinion in confidence until that time. Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on postsubmission procedure to ensure that any contemplated filing is timely and in compliance with the rules. Note particularly that petitions for rehearing and petitions for rehearing en banc must be received in the clerk's office within 14 days of the date of the entry of judgment. Counsel-filed petitions must be filed electronically in CM/ECF. Paper copies are not required. No grace period for mailing is allowed, and the date of the postmark is irrelevant for pro-se-filed petitions. Any petition for rehearing or petition for rehearing en banc which is not received within the 14 day period for filing permitted by FRAP 40 may be denied as untimely. Michael E. Gans Clerk of Court JPP Enclosure(s) cc: Mr. Timothy Charles Boller Mr. Jay Elliott Denne Mr. Stanley E Munger Mr. Rob Phelps Appellate Case: 12-1933 Page: 1 Date Filed: 02/19/2013 Entry ID: 4005848 District Court/Agency Case Number(s): 5:10-cv-04088-DEO Appellate Case: 12-1933 Page: 2 Date Filed: 02/19/2013 Entry ID: 4005848

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