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BURRIS v. CITY OF LITTLE ROCK

No. 90-2275EA.

941 F.2d 717 (1991)

Rayburn BURRIS; Donald R. Deitz; Richard Eddy; Clady Everhart; J.A. Ferguson; William J. Folsom; Billi Freeman; E.L. Freeman; Paul Gossage; Bill Hollingsworth; Brian Hullum; James King; L.L. Kuehner; Eddie Legg; A.J. Mullins, Sr.; William A. Mullins; Florence S. Perciful; O.L. Plunkett, Jr.; J.C. Reunard; Dorothy Smith; Willa Jeanne Smith; E.W. Waldpole, Jr.; James Walpole; Waldemar Walter; Chrystal Wortham, Appellants, v. CITY OF LITTLE ROCK; Frank Daley, Ernest Ekrut and Darina Norwood, individually and in their official capacity as Commissioners of Sewer Improvement District No. 147; Ken Taylor, in his official capacity as Tax Collector of Pulaski County, Arkansas, Appellees, State of Arkansas (Intervenor Below), Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1991.

Attorney(s) appearing for the Case

Dan J. Kroha, Little Rock, Ark., for appellant.

Thomas M. Carpenter, argued, Little Rock, Ark., for appellee; Mark Stodola and Thomas M. Carpenter, Little Rock, Ark., on brief.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

Raymond Burris and twenty-four other Little Rock property owners appeal the district court's order granting summary judgment against them in a § 1983 action challenging assessments against their property to pay for sewer improvements. The appellants argue that the assessments are invalid under the due process and equal protection clauses of the Constitution and under Arkansas law. Because we conclude...

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