HOWERTON v. GABICA

No. 81-3619.

708 F.2d 380 (1983)

Robert Allen HOWERTON, Plaintiff, and Roxanna Howerton, Plaintiff-Appellant, v. Jess GABICA and Marjorie Gabica, Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1983.


Attorney(s) appearing for the Case

Jonathan Ellison, Lewiston, Idaho, for plaintiff-appellant.

Ned A. Cannon, Smith & Steiner, Lewiston, Idaho, for defendants-appellees.

Before KILKENNY, CHOY and FLETCHER, Circuit Judges.


FLETCHER, Circuit Judge:

The Howertons appeal the dismissal after trial of their section 1983 claim. It was dismissed on the ground that sufficient state action had not been shown. We have jurisdiction under 28 U.S.C. § 1291 (1976). We reverse and remand.

I

In March 1977, the Howerton family leased from the Gabicas a trailerhouse, one of the few available rentals in the small town of Kooskia. The Howertons had financial difficulties and were...

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