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REDWOOD VILLAGE PARTNERSHIP v. GRAHAM

Nos. 93-2413, 93-2495.

26 F.3d 839 (1994)

REDWOOD VILLAGE PARTNERSHIP, an Illinois Partnership; Appellant; v. John GRAHAM; Blaine Nordwall; Robert Wanner; Barb Howe; Don Johnson; Charles Ehrhardt, in their individual capacity; Appellees. REDWOOD VILLAGE PARTNERSHIP, an Illinois Partnership; Appellee; v. John GRAHAM; Blaine Nordwall; Robert Wanner; Barb Howe; Don Johnson; Charles Ehrhardt, in their individual capacity; Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Erwin Chemerinski, Los Angeles, CA, argued (Laroy Baird, Bismarck, ND on the brief), for appellant.

Charles S. Miller, Jr. Bismarck, ND, argued, for appellee.

Before HANSEN, Circuit Judge, and HEANEY and JOHN R. GIBSON, Senior Circuit Judges.

HEANEY, Senior Circuit Judge.

Redwood Village Partnership, owner of a basic care facility, brought this action for money damages under 42 U.S.C. § 1983 against six employees of the North Dakota Department of Human Services,1 alleging that their promulgation of administrative regulations violated the partnership's rights under the Constitution. The district court granted summary judgment for the state employees on the ground of absolute...

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