AYERS v. POLK COUNTY, GA.

No. 82-8339 Non-Argument Calendar.

697 F.2d 1375 (1983)

Eual AYERS, et al., Plaintiffs-Appellants, v. POLK COUNTY, GEORGIA, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 18, 1983.


Attorney(s) appearing for the Case

Marson G. Dunaway, Jr., Rockmart, Ga., for plaintiffs-appellants.

Wayne W. Gammon, Cedartown, Ga., for Polk County, Ga.

William E. Davidson, Jr., Claudia I. Bradley, Rome, Ga., for Gammon.

J.M. Hudgins, IV, Atlanta, Ga., for Swafford.

Before GODBOLD, Chief Judge, and FAY and CLARK, Circuit Judges.


GODBOLD, Chief Judge:

Plaintiff landowners brought this 42 U.S.C. Sec. 1983 action for damages in federal court challenging the levy and tax sale of their properties by Polk County, Georgia, and related activities of the county sheriff and county attorney as violative of the due process and equal protection clauses of the Fourteenth Amendment. The district court dismissed the action relying on the comity principle of Fair Assessment in Real Estate v. McNary,

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