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E & T REALTY v. STRICKLAND

No. 86-7501.

830 F.2d 1107 (1987)

E & T REALTY, etc., and Charles D. Beard, Jr., an individual, Plaintiff-Appellee, v. Edwin A. STRICKLAND, Richard L. Straub, Jack W. Swann, O.C. Moon, and Robert Erwin, individually and in their capacities as Members of the Jefferson County Sewer Moratorium Committee, and Charles H. Doss, Ray Moore, and David Orange, individually and in their capacities as Members of the Jefferson County Commission, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 26, 1987.

Attorney(s) appearing for the Case

De Martenson, Huie, Fernambucq & Stewart, Rebecca L. Shows, Birmingham, Ala., for defendants-appellants.

Joe R. Whatley, Jr., Falkenberry, Whatley & Heidt, Birmingham, Ala., for plaintiff-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

This case involves allegedly discriminatory administration of facially neutral legislation. Defendants are county personnel who administer a sewer moratorium resolution. Plaintiffs are property owners. According to plaintiffs, defendants treated them unequally by denying their application for an increased sewer allocation while allowing other persons to increase their sewage.

The district court found an equal protection violation...

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