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GARREN v. CITY OF WINSTON-SALEM, NORTH CAROLINA

No. 14562.

463 F.2d 54 (1972)

Donald L. GARREN and James A. Eddinger, Appellants, v. CITY OF WINSTON-SALEM, NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1972.

Attorney(s) appearing for the Case

Renn Drum, Drum, Liner & Redden, Winston-Salem, N.C. (Norman B. Smith, Smith & Patterson, Greensboro, N.C., on brief), for appellants.

William F. Womble and John L. W. Garrou, Winston-Salem, N.C. (Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., of counsel, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, MURRAH, Senior Circuit Judge, and CRAVEN, Circuit Judge.

MURRAH, Senior Circuit Judge:

We previously affirmed the District Court's dismissal of this action on the ground that the appellants' claim was concerned only with the infringement of property as opposed to personal rights and did not, therefore, state a claim cognizable under 42 U.S.C. § 1983, for which jurisdiction is conferred under 28 U.S.C. § 1343(3). See 439 F.2d 140. Our decision was vacated and the case remanded...

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