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BULLER v. BUECHLER

No. 82-1770.

706 F.2d 844 (1983)

Lowell BULLER, Dale Buller, Happy Family Farmers Co., Growing Animals Producers of Natron County, Wyoming and South Dakota Livestock Enterprises, Appellants, v. Milton BUECHLER, and Kenneth Nordman, d/b/a Nordman Brothers Construction, Appellees, v. Dennis L. DUNCAN, Individually and as Representative of Zimmer, Richter and Duncan, a Partnership or Association, and Zimmer, Richter and Duncan and John Homan, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1983.

Attorney(s) appearing for the Case

Carleton R. Hoy, Sarah Richardson, Linda H. Roberts, Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for appellees John Homan, Dennis L. Duncan, and Zimmer, Richter and Duncan.

Frank J. Brady, Yankton, S.D., for appellee, Milton Buechler.

Lee R. Burd, Sioux Falls, S.D., for appellants.

Richard Bogue, Canton, S.D., for defendant and appellee.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

HEANEY, Circuit Judge.

Plaintiffs Dale and Lowell Buller and the farming enterprise they operate appeal from the district court's order granting summary judgment in favor of the defendants on the plaintiffs' section 1983 action. The plaintiffs claim that the defendants denied them procedural due process by garnishing the proceeds of the plaintiffs' auction sale pursuant to South Dakota's unconstitutional garnishment law. The district court held that the plaintiffs...

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