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NEIGHBORHOOD ASS'N v. PLANNING & ZONING COM'N

No. 89-8216.

888 F.2d 1576 (1989)

EAST-BIBB TWIGGS NEIGHBORHOOD ASSOCIATION, Robert Moffett and Roscoe Ross, Plaintiffs-Appellees, v. MACON BIBB PLANNING & ZONING COMMISSION, Defendant, Mullis Tree Service, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 30, 1989.

Attorney(s) appearing for the Case

William P. Adams, Adams, Hemingway, Wilson & Baxter, Macon, Ga., for defendant-appellant.

Lonzy F. Edwards, Edwards & Williams, Macon, Ga., for plaintiffs-appellees.

O. Hale Almand, Jr., Smith, Hawkins, Almand & Hollingworth, Macon, Ga., for defendant.

Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

This appeal presents the question whether a Georgia "Yost" (Yost v. Torok, 256 Ga. 92, 344 S.E.2d 414 (1986)) claim must be entertained by a federal court as a compulsory counterclaim where the underlying action is brought pursuant to 42 U.S.C. § 1983. Finding that such a claim is, at best, a permissive counterclaim, we affirm the district court's dismissal of...

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