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MESSICK v. LEAVINS

No. 85-3402.

811 F.2d 1439 (1987)

Ronald MESSICK and Trish Messick, Plaintiffs-Appellants, v. Alice LEAVINS, John Myers, in his individual capacity and in his official capacity as an employee of the City of Apalachicola, Bob McLaurin, in his individual capacity as an employee of the City of Apalachicola, and the City of Apalachicola, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 23, 1987.

Attorney(s) appearing for the Case

Edward S. Stafman, Tallahassee, Fla., for plaintiffs-appellants.

Patricia Guilday, Fred M. Johnson, Tallahassee, Fla., for defendants-appellees.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 23, 1987.

FAIRCHILD, Senior Circuit Judge:

Plaintiffs Ronald and Trish Messick, brought this action pursuant to 42 U.S.C. § 1983, against the City of Apalachicola and the individual defendants, alleging that they have been deprived of their property without due process of law. They have also brought two pendent state law claims. The district court granted judgment for defendants on the theory that the availability...

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