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UNITED STATES COURT OF APPEALS

TENTH CIRCUIT


MELANIE MCCANN, NOELE NELSON, LISA NIELSON,

Plaintiffs - Appellants,

v.

BRYON L. ROSQUIST, D.C., P.C., a Utah corporation; BRYON L. ROSQUIST, individually,

Defendants - Appellees.

No. 98-4049


OPINION ON REMAND


Appeal from the United States District Court

for the District of Utah

(D.C. No. 97-CV-535-S)


Larry S. Jenkins (Mary Anne Q. Wood, with him on the briefs), Wood Crapo LLC, Salt Lake City, Utah, for the Plaintiffs - Appellants.

Brent O. Hatch, Johnson & Hatch, P.C., Salt Lake City, Utah, for the Defendants - Appellees.


Before LUCERO and PORFILIO, Circuit Judges,and COOK(*), District Judge.


LUCERO, Circuit Judge.


In United States v. Morrison, 120 S. Ct. 1740, 1759 (2000), the Supreme Court invalidated the Civil Rights Remedies for Gender-Motivated Violence Act, 42 U.S.C. § 13981, the civil liability provision of the Violence Against Women Act of 1994. The Court subsequently granted certiorari and vacated and remanded this case for further consideration in light of Morrison. Following Morrison, we must affirm the district court's dismissal of the instant action based on the Supreme Court's invalidation of the underlying statute. The judgment of the district court is therefore AFFIRMED.

The mandate shall issue forthwith.


FOOTNOTES
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*.The Honorable H. Dale Cook, United States Senior District Judge for the Northern District of Oklahoma, sitting by designation.


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