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JAMES v. CITY OF ST. PETERSBURG, FLA.

No. 92-2291.

33 F.3d 1304 (1994)

Andrea JAMES, Individually and on behalf of her four dependent children, Plaintiff-Appellant, v. CITY OF ST. PETERSBURG, FLORIDA, Robert L. Ulrich, as Mayor of the city of St. Petersburg; Robert D. Obering, as City Manager; William Johnson, as Director of the Public Works Department for the City of St. Petersburg, Florida; Bobbie Joe Jordan, and Chun-Liang Chen, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 3, 1994.

Attorney(s) appearing for the Case

John P. Cunningham, St. Petersburg, FL, for appellant.

Cathy L. Lucrezi, Tallahassee, FL, for amicus curiae the Housing Workgroup of Fla. Legal Services, Inc.

Michael S. Davis, Ruthann O'Brien O'Neill, Suzanne A. Ennis, Mark A. Winn, City Attorney's Office, St. Petersburg, FL, for appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK and CARNES, Circuit Judges.

COX, Circuit Judge:

Andrea James filed this 42 U.S.C. § 1983 action against the City of St. Petersburg and various City officials, asserting that a tenant who is a user of water service has a property interest in continued water service protected by the Due Process Clause of the Fourteenth Amendment and that terminating such service without prior notice deprives the user of procedural due process. We hold that under applicable law, James did not have a property...

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