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MYERS v. CITY OF ALCOA

No. 84-5049.

752 F.2d 196 (1985)

Elizabeth MYERS, et al., Plaintiffs-Appellants, v. CITY OF ALCOA, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1985.

Opinion on Denial of Rehearing March 6, 1985.

Attorney(s) appearing for the Case

Gary D. Housepian (argued), James R. LaFevor, Knoxville Legal Aid Society, Knoxville, Tenn., for plaintiffs-appellants.

M.H. Gamble, Jr., Goddard & Gamble, Carl D. McDonald (argued), Maryville, Tenn., for defendants-appellees.

Before KRUPANSKY and WELLFORD, Circuit Judges, and PECK, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Elizabeth Myers (Myers) appealed the summary dismissal of her § 1983 cause of action predicated upon the discontinuance of her electric utility service by the City of Alcoa and David Switzer, the manager of Blount Electric System and a city employee (hereinafter "defendants"). The following facts were stipulated by the parties in the proceedings below.

On April 5, 1983, defendants installed an electrical metering device at Myers...

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