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ALLEN FARMS, INC. v. ARKANSAS POWER & LIGHT CO.

Nos. 81-2288, 81-2289, 81-2402 and 81-2403.

739 F.2d 401 (1984)

ALLEN FARMS, INC., Appellant, v. ARKANSAS POWER & LIGHT COMPANY, Appellee. The A.V. GARDNER TRUST by its Trustees, Appellant, v. ARKANSAS POWER & LIGHT COMPANY, Appellee. Tasker RODMAN, Appellant, v. ARKANSAS POWER & LIGHT COMPANY, Appellee. Ones J. DAVIDSON, Louella Davidson, his wife, for themselves and a class similarly situated, Appellants, v. ARKANSAS POWER & LIGHT COMPANY, Appellee. Myrtle Fay EDWARDS, Appellant, v. ARKANSAS POWER & LIGHT COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1984.

Attorney(s) appearing for the Case

Bill W. Bristow, Jonesboro, Ark., Steve Bell, John Norman Harkey, Batesville, Ark., for appellants.

Robert L. Robinson, Jr., Wm. David Duke, House, Wallace & Jewell, P.A., Little Rock, Ark., for appellee.

Before BRIGHT and McMILLIAN, Circuit Judges, and LIMBAUGH, District Judge.

PER CURIAM.

Allen Farms and other landowners (landowners) brought suit in federal district court under 42 U.S.C. § 1983 alleging that Arkansas Power & Light Co. (AP&L) deprived them of their rights under the United States Constitution when, in the course of condemnation proceedings, it made in bad faith an inadequate deposit in the state court registry. The district court dismissed these claims on the ground that they could have been raised in the state...

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