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ESTATE OF HIMELSTEIN v. CITY OF FORT WAYNE, IND.

No. 88-1667.

898 F.2d 573 (1990)

ESTATE OF Rose HIMELSTEIN, Mandel Himelstein and Eugene Himelstein, Beneficiaries of Land Trust No. 14-03443, Plaintiffs-Appellants, v. CITY OF FORT WAYNE, INDIANA, Benjamin Eisbart, Mark Giaquinta, Vivian Schmidt, Sam Talarico and James Stier, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1990.

Attorney(s) appearing for the Case

Mark J. Thompson, Ronald E. James, Benson, Pantello, Morris & James, Fort Wayne, Ind., for plaintiffs-appellants.

Robert L. Thompson, Peebles, Thompson, Rogers & Skekloff, J. Timothy McCaulay, Stanley A. Levine, Levine & Lerch, David B. Keller, Baker, Daniels & Shoaff, Fort Wayne, Ind., for defendants-appellees.

Before CUMMINGS, CUDAHY, and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

The Himelsteins sued the City of Fort Wayne, Indiana, together with the members of the Fort Wayne Common Council, for the deprivation of their constitutional rights in violation of 42 U.S.C. § 1983 in connection with the Common Council's decision to challenge the rezoning of the Himelsteins' land. Magistrate Lee dismissed the Himelsteins' claims on ripeness and legal sufficiency grounds. We affirm.

I. Facts

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