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YORK v. CITY OF CEDARTOWN

No. 80-9059 Summary Calendar.

648 F.2d 231 (1981)

Harvey YORK and Sara Joan York, Plaintiffs-Appellants, v. CITY OF CEDARTOWN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

June 15, 1981.

Attorney(s) appearing for the Case

Marson G. Dunaway, Jr., Rockmart, Ga., for plaintiffs-appellants.

Michael D. McRae, Cedartown, Ga., for defendant-appellee.

Before HILL, FAY and ANDERSON, Circuit Judges.

PER CURIAM:

Appellants filed a damage action pursuant to 42 U.S.C. § 1983 (1979) and its jurisdictional counterpart, 28 U.S.C. § 1343(3) and (4) (1979), against the City of Cedartown.1 They allege that the city negligently designed and constructed the street and drainage system with the result that, during periods of excessive rainfall, water and sewage are deposited on appellants' property...

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