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BARBIAN v. PANAGIS

No. 81-2010.

694 F.2d 476 (1982)

James N. BARBIAN and Joan L. Barbian, Plaintiffs-Appellants, v. Constantine PANAGIS and the City of Milwaukee, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 1982.

Attorney(s) appearing for the Case

Hugh H. Braun, Godfrey & Trump, Milwaukee, Wis., for plaintiffs-appellants.

Thomas O. Gartner, Asst. City Atty., Milwaukee, Wis., for defendants-appellees.

Before CUMMINGS, Chief Judge, and SPRECHER and WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiffs, homeowners in the City of Milwaukee, Wisconsin, brought this action under 42 U.S.C. § 1983 against the City of Milwaukee and Dr. Constantine Panagis, in his official capacity as Commissioner of the Department of Health ("the Department"). Plaintiffs alleged the Department's decision to grant the Lindner Brothers Trucking Company ("Lindner Brothers"), an adjacent business, a permanent variance from the municipal...

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