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HUBENTHAL v. COUNTY OF WINONA

No. 84-5073.

751 F.2d 243 (1984)

Albert J. HUBENTHAL, Appellant, v. COUNTY OF WINONA, Lorraine Cieminski, Edwin Kobler, Lee Luebbe, James Papenfuss, Charles Smith, Winona County Board of Commissioners and Gene Mossing, Winona County Environmental Health Director, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 27, 1984.

Attorney(s) appearing for the Case

Donald J. Harman, La Crosse, Wis. and Jerome B. Abrams, Minneapolis, Minn., for appellant.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

PER CURIAM.

Albert J. Hubenthal appeals the district court's1 granting of the County of Winona's motion for summary judgment on his claim brought under 42 U.S.C. § 1983. We affirm.

Hubenthal alleges that the county officials acted deliberately or arbitrarily in violation of his due process rights when, pursuant to a state court determination that Hubenthal's farming and salvage operation constituted a nuisance, they removed...

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