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KOTTCAMP v. FLEET REAL ESTATE FUNDING CORP.

No. 89-66.

783 P.2d 170 (1989)

Mary Lou KOTTCAMP, Appellant (Plaintiff), v. FLEET REAL ESTATE FUNDING CORPORATION, Appellee (Defendant).

Supreme Court of Wyoming.

November 28, 1989.

Attorney(s) appearing for the Case

Sky D. Phifer of Phifer Law Office, Lander, for appellant.

Richard L. Williams of Williams, Porter, Day & Neville, Casper, Don H. Meinhold and Elizabeth A. Bassler of Shapiro & Meinhold, Colorado Springs, Colo., for appellee.

Before CARDINE, C.J., THOMAS and MACY, JJ., RAPER, Ret. J., and WOLFE, D.J.

RAPER, Justice, Retired.

This appeal involves the applicability of 42 U.S.C. § 1983 (1983)1 to a mortgage foreclosure sale where the county sheriff handles the sale. The district judge held that the participation by the sheriff was not significant enough to constitute State action under the Fourteenth Amendment and therefore plaintiff (appellant) was not deprived of due process secured by the Fourteenth Amendment.

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