HONDO, INC. v. STERLING

No. 93-1562.

21 F.3d 775 (1994)

HONDO, INCORPORATED, d/b/a Coca-Cola Bottling Company of Chicago, an Indiana Corporation, Marvin J. Herb and Metro Metals Corporation, an Illinois Corporation, Plaintiffs-Appellants, v. Jacquelyn M. STERLING, in her official capacity as Auditor of Porter County, Indiana, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1994.


Attorney(s) appearing for the Case

Steven W. Handlon (argued), Handlon & Handlon, Portage, IN, for plaintiffs-appellants.

Robert A. Welsh (argued), Harris, Welsh & Lukmann, Chesterton, IN, David L. Hollenbeck (argued), Blachly, Tabor, Boxik & Hartman, Valparaiso, IN, for defendant-appellee.

Before WOOD, Jr., CUDAHY, and MANION, Circuit Judges.


MANION, Circuit Judge.

Jacquelyn M. Sterling, as Auditor of Porter County, Indiana, denied Hondo Incorporated ("Hondo") and Metro Metals Corporation ("Metro Metals") a tax abatement. Hondo and Metro Metals filed § 1983 actions against Sterling, in her official capacity. Sterling moved to dismiss these actions, asserting that they were barred by the statute of limitations. The magistrate judge granted Sterling's motions. After consenting in writing to final judgment...

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