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MANOR HEALTHCARE CORP. v. LOMELO

Nos. 89-6203, 90-5459.

929 F.2d 633 (1991)

MANOR HEALTHCARE CORP., Plaintiff-Appellant, v. John LOMELO, Jr., et al., Defendants, City of Sunrise, Defendant-Appellee. MANOR HEALTHCARE CORP., A Delaware Corporation, Plaintiff-Appellant, v. John LOMELO, Jr., John Montgomery, Defendants, City of Sunrise, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 25, 1991.

Attorney(s) appearing for the Case

Arthur Wolff, Fort Lauderdale, Fla., Philip J. Montante, Jr., Pompano Beach, Fla., for plaintiff-appellant.

Stuart R. Michelson, N. Miami, Fla., Edward Shuster, Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley, Fort Lauderdale, Fla., for defendant-appellee.

Before HATCHETT and BIRCH, Circuit Judges, and RONEY, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this appeal, we affirm the district court's rulings (1) that a municipality is not necessarily liable, in a 42 U.S.C. § 1983 lawsuit, for a city official's criminal activities, although the activities are related to the city official's area of responsibility, and (2) that a prevailing party, under Federal Rule of Civil Procedure 54(d), may recover costs, although the costs were paid by a non...

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