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WILKERSON v. JOHNSON

Nos. 81-5189, 81-5254.

699 F.2d 325 (1983)

Rose Ann WILKERSON, Ray Wilkerson and Sharon Sutton, Plaintiffs-Appellees, v. Harold JOHNSON, Fred Bush, Roy "Bud" Nail, Jr., and Lola Wooldridge, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 9, 1983.

Attorney(s) appearing for the Case

Charles R. Ray, Nashville, Tenn., for defendants-appellants in No. 81-5189.

Henry A. Martin (argued) Nashville, Tenn., for Nail & Wooldridge.

Clinton Swafford, Swafford, Davis, Peters & O'Neal, Winchester, Tenn., for Bush.

W.P. Boone Dougherty, Knoxville, Tenn., for plaintiffs-appellees.

Before ENGEL and MERRITT, Circuit Judges, BROWN, Senior District Judge.

MERRITT, Circuit Judge.

The defendants, agents of the Tennessee Board of Barber Examiners, a state licensing agency, appeal a jury verdict for compensatory and punitive damages awarded under 42 U.S.C. § 1983 (1976). Plaintiffs, applicants for a license to operate a barber shop in Knoxville, claim that defendants deprived them of liberty and property without due process by refusing them a license. The principal question on appeal is whether a private citizen who...

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