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WAYNE v. VILLAGE OF SEBRING

Nos. 93-3354, 93-3384.

36 F.3d 517 (1994)

Mark E. WAYNE; Carla L. Wayne; Roland L. Kendrick; Bret E. Smith; Brenda S. Smith; Robert J. Rouse, Jr.; Sharon Rouse; Donald G. Stillion; Beverly J. Stillion; William H. Tuel; Marjorie R. Tuel; Claude J. Bailey; Margaret J. Bailey; Larry L. Hartley; Kathleen J. Hartley; Judy K. Costello; Nancy Stuchell; and Jeffrey Stuchell, Plaintiffs-Appellees, Cross-Appellants, v. VILLAGE OF SEBRING; J. Michael Pinkerton, Individually, and as Mayor, President of Council, and Acting Village Manager of the Village of Sebring; James R. Conny, Individually, and as President Pro Tempore and Councilman of the Village of Sebring; John W. Smith, Individually, and as Councilman of the Village of Sebring; Douglas L. Eaton, Individually, and as Councilman of the Village of Sebring; James V. Daniels, Individually, and as Councilman of the Village of Sebring; Alan C. Flowers, Individually, and as Councilman of the Village of Sebring; and Joseph E. Igro, Individually, and as Councilman of the Village of Sebring, Defendants-Appellants, Cross-Appellees, Community Program Loan Trust; Shawmut Bank, N.A.; General Electric Capital Corporation; and Farmers Home Administration, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1994.

Attorney(s) appearing for the Case

Steve J. Edwards, Grove City, OH (briefed), Karen D. Kendrick-Hands, Grosse Pointe Park, MI (argued and briefed), for Mark E. Wayne, et al.

Kenneth J. Cardinal, Sebring, OH, Alan E. Johnson (argued and briefed), Leo R. Ward, Smith R. Brittingham, IV, Ward & Associates, Cleveland, OH, for the Village of Sebring, J. Michael Pinkerton, James R. Conny, John W. Smith, Douglas L. Eaton, James V. Daniels, Alan C. Flowers and Joseph E. Igro.

Before: JONES and RYAN, Circuit Judges; and BERTELSMAN, Chief District Judge.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs are 18 residents of Smith Township, Mahoning County, Ohio, who reside within the service area of the Sebring Village Waterworks System. They brought this civil rights action, pursuant to 42 U.S.C. §§ 1983 and 1985, against, inter alia, the Village of Sebring and its council members and manager. Plaintiffs challenge Sebring's recently enacted ordinances providing that the village will supply water and sewer...

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