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SPENCE v. ZIMMERMAN

No. 88-3250.

873 F.2d 256 (1989)

Robert A. SPENCE, Margaret A. Spence, Plaintiffs-Appellants, v. Walter R. ZIMMERMAN, Katherine B. Zimmerman, City of Clearwater, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 17, 1989.

Attorney(s) appearing for the Case

Jere M. Fishback, Kleinfeld & Fishback, St. Petersburg, Fla., for plaintiffs-appellants.

Milton A. Galbraith, Jr., City Attorney's Office, City of Clearwater, Clearwater, Fla., for City of Clearwater, Shoemaker, Haesaker & Bethel.

Anthony J. Griffith, Fowler, White, Gillen, Boggs, Villareal & Banker, Clearwater, Fla., for Zimmermans.

Before JOHNSON and EDMONDSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Robert and Margaret Spence, plaintiffs below, appeal from the district court's order granting summary judgment to defendants for claims based on 42 U.S.C. section 1983 and pendant state claims. We affirm.

Background

In 1979 the Spences applied to the City of Clearwater, Florida for a building permit for a single family home in a residential subdivision. In their application, they said that they would be building the...

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