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MARSHALL CTY. BD. OF EDUC. v. MARSHALL CTY. GAS DIST.

No. 92-6471.

992 F.2d 1171 (1993)

MARSHALL COUNTY BOARD OF EDUCATION, Plaintiff, J.B. Carlton; Edward Nesmith, Customers of The Marshall County Gas District who bring this action on their own behalf and on behalf of all other customers of the Marshall County Gas District similarly situated; J. Rayford Brothers, Plaintiffs-Appellants, v. MARSHALL COUNTY GAS DISTRICT, a public corporation; Arthur Baugh, individually and in his official capacities as a member of the Board of Directors of the Marshall County Gas District and as Mayor of the City of Albertville, Alabama; Johnny Hart, individually and in his official capacities as a member of the Board of Directors of the Marshall County Gas District and as Mayor of the City of Arab, Alabama; Robert Kelly, in his official capacities as a member of the Board of Directors of the Marshall County Gas District and as Mayor of the City of Guntersville, Alabama; City of Albertville, a municipal corporation; City of Arab, a municipal corporation; City of Guntersville, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 8, 1993.

Attorney(s) appearing for the Case

Lawrence B. Clark, Morris Wade Richardson, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for plaintiffs-appellants.

Charles R. Hare, Jr. Gullahorn & Hare, P.C., Albertville, AL, for Carlton, Nesmith and Rayford Bros.

R. Stan Morris, Lawrence T. King, Harris, Evans, Berg, Morris & Rogers, P.C., Birmingham, AL, Dave Beuoy, Burke & Beuoy, Arab, AL, for City of Arab, AL.

James C. Huckaby, Jr., William Slaughter, Haskell, Slaughter, Young & Johnston, P.C., Birmingham, AL, for Marshall Co. Gas Dist.

W. Lee Thuston, Mac B. Greaves, Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, AL, for Baugh, Hart and Kelley.

Randy Beard, Guntersville, AL, for City of Guntersville.

Before FAY, Circuit Judge, JOHNSON, Senior Circuit Judge, and MERHIGE, Senior District Judge.

FAY, Circuit Judge:

The plaintiffs, customers of the Marshall County Gas District, allege claims pursuant to 42 U.S.C. § 1983 for deprivation of property in violation of the Fifth and Fourteenth Amendments to the United States Constitution arising out of the distribution of bond proceeds by the defendant gas district. The trial court dismissed the claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a cause of action. Because the plaintiffs...

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