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LEMKE v. CASS COUNTY, NEB.

No. 85-1139.

846 F.2d 469 (1987)

John F. LEMKE, as Personal Representative of Estate of Paul Lemke, Deceased, Community Refuse Disposal, Inc., and Francis Neitzel, Appellants, v. CASS COUNTY, NEBRASKA; Russell Nielsen; Roger Wehrbein and Martin Zoz, Individually and as Members of the Board of Commissioners of the County of Cass, and State of Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1987.

PER CURIAM.

Paul Lemke, Frances H. Neitzel, and Community Refuse Disposal, Inc., brought this action under 42 U.S.C. § 1983 (1982), claiming that the Board of Commissioners of Cass County, Nebraska, in reversing its earlier zoning decision granting a permit to Lemke, Neitzel, and Community Refuse to operate a landfill, deprived them of property without due process of law. The district court,1 adopting a recommendation of the magistrate...

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