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CULBERTSON v. LELAND

No. 73-1749.

528 F.2d 426 (1975)

Charles CULBERTSON and Helen Culbertson, his wife, Plaintiffs-Appellants, v. Alice LELAND et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 3, 1975.

Attorney(s) appearing for the Case

Victor Aronow (argued), Mesa, Ariz., for plaintiffs-appellants.

Coit I. Hughes (argued), of Hughes, Hughes & Conlan, Phoenix, Ariz., for defendants-appellees.

Before ELY and CHOY, Circuit Judges, and WEIGEL, District Judge.

OPINION

WEIGEL, District Judge:

The Arizona Innkeeper's Lien Statute authorizes the keeper of a hotel or lodging house to seize, without notice or judicial procedure, the personal property of a lodger who fails to pay rent. This appeal presents the question whether a private person acting under the authority of the statute does so under color of state law within the meaning of 42 U.S.C. § 1983.

In September 1972, Helen and Charles Culbertson...

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