ROUDYBUSH v. ZABEL

No. 85-2319.

813 F.2d 173 (1987)

William Burl ROUDYBUSH and Ruth J. Roudybush, Appellants, v. Ralph W. ZABEL, Zabel Ltd. and First National Bank in Lenox, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1987.

Rehearing Denied April 1, 1987.


Attorney(s) appearing for the Case

Garry D. Woodward, Des Moines, Iowa, for appellants.

Joseph R. Sandre, Des Moines, Iowa, for appellees.

Before JOHN R. GIBSON, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and MAGILL, Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

William and Ruth Roudybush appeal from a summary judgment entered against them on their section 1983 claim. They allege that the appellees unlawfully instituted Iowa's execution of judgment procedures and, acting jointly with state officials, deprived them of their property without due process. In granting summary judgment, the district court1 concluded that the private party appellees did not act "under...

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