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NEMMERS v. CITY OF DUBUQUE, IOWA

No. 82-2411.

716 F.2d 1194 (1983)

Julian G. NEMMERS, Appellant, v. CITY OF DUBUQUE, IOWA, an Iowa Municipal Corporation; and James E. Brady; D. Michael King; John L. Felderman; and Michael W. Pratt, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1983.

Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Barry A. Lindahl, City Sol., Dubuque, Iowa, for appellees.

Alfred E. Hughes, Hughes, Trannel & Jacobs, Dubuque, Iowa, for appellant.

Before HEANEY, Circuit Judge, and FLOYD R. GIBSON and ROSENN, Senior Circuit Judges.

HEANEY, Circuit Judge.

Julian G. Nemmers brought the present action in state court against the City of Dubuque, Iowa, and its individual council members. He contended that the defendants had rezoned property owned by him in violation of the United States and Iowa Constitutions. The case was removed to the United States District Court for the Northern District of Iowa, and that court denied Nemmers' relief after a two-day trial. Nemmers appeals. We hold that the defendants...

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