UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Case No. 03-2824

John S. La Tour, CPA,
 
 Appellant,
 
vs.
City of Fayetteville, Arkansas,

W. Brant Warrick, and Perry Michael McKimmey

Appellees.

APPELLANT'S MOTION TO ACCEPT A LATE BRIEF

APPEAL FROM THE
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
Case Number 02-5001

John S. La Tour, CPA
112 West Center Street
Suite 560

Fayetteville, AR 72701

(479) 443-7878                                                                                     Appellant Appearing Pro Se

APPELLANT'S MOTION TO ACCEPT A LATE BRIEF

        Appellant now motions this Court to accept my Reply Brief even though it was filed two business days late. In support of this motion, I state and note the following:

        1. This Court's Appeal Briefing Schedule Order indicated that my Reply Brief would be due on October 9, 2003. The Order also indicated that this date may be advanced or delayed by Court Order or by an early or late filing of briefs by the parties. Apparently, the City filed its Opening Brief early, which advanced the filing date for my Reply Brief.

        2. In its Opening Brief, the City of Fayetteville presents misplaced, misleading, or incorrect statements.

        3. This Reply Brief is necessary for this Court to understand the nature and scope of the deficiencies in the City's Brief.

        4. It may be difficult to determine the real issues in this case without this Reply Brief as the City has chosen to argue a facial challenge instead of the issue I raised, an as- applied challenge.

        5. A granting of this Motion will in no way prejudice the City's position and this Brief is necessary to ensure the protection of significant Constitutional Rights.

Respectfully Submitted,

JOHN S. LA TOUR

John S. La Tour, CPA

112 Center Street, Suite 560

Fayetteville, AR 72701

(479) 443-7878

Appellant Pro Se