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R. E. CRUISE, INCORPORATED v. BRUGGEMAN

No. 74-1309.

508 F.2d 415 (1975)

R. E. CRUISE, INCORPORATED and Irving Kleiman, Plaintiffs-Appellants, v. George O. BRUGGEMAN, as Director of the Division of Building and Safety Engineering of the City of Warren, Michigan, and Joseph S. Raich, as City Clerk, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1975.

Attorney(s) appearing for the Case

Gabriel Glantz, Detroit, Mich., for plaintiffs-appellants.

Sherman P. Faunce, II, Warren City Atty., W. Thomas Marrocco, Jr., Warren, Mich., for defendants-appellees.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.

The Court delivered a per curiam opinion. EDWARDS, J. (p. 416) delivered a separate concurring opinion.

PER CURIAM.

This action was begun by the owners of real estate in Warren, Michigan who claimed that the defendants, acting under color of law, had refused to issue the plaintiffs a building permit and theatre license in violation of rights guaranteed to them by the Constitution and 42 U.S.C. § 1983. The complaint was filed on April 24, 1973 and on August...

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