HITCHCOCK v. ALLISON

No. 50525.

572 P.2d 982 (1977)

Sharon D. and James H. HITCHCOCK, husband and wife, Appellants, v. Ted S. and Nell ALLISON, husband and wife, d/b/a Prairie View Mobile Home Park, Appellees.

Supreme Court of Oklahoma.

November 15, 1977.


Attorney(s) appearing for the Case

James H. Werner, Tulsa, for appellants.

Garrison & Pigman by Paul E. Garrison and Mark O. Thurston, Tulsa, for appellees.


BARNES, Justice:

The single question presented is whether 41 O.S.Supp. 1973, § 42, is unconstitutional when tested by the Fourteenth Amendment of the United States Constitution as applied through 42 U.S.C., § 1983, for the reason that a private person acting under the authority of the statute does so under color of State law.

The parties are in agreement on the facts. Appellants-Plaintiffs, Sharon D. and James H. Hitchcock, husband and wife, rented...

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