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HIGGINS v. PORT OF NEWPORT

No. 96-35195.

121 F.3d 1281 (1997)

James E. HIGGINS, personal representative for the estate of Barry F. Aires, Plaintiff-Appellant, v. PORT OF NEWPORT, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1997.

Attorney(s) appearing for the Case

Douglas R. Holbrook, Litchfield & Carstens, Newport, OR, for plaintiff-appellant.

Peter R. Mersereau, Thomas W. McPherson, Mersereau & Shannon, Portland, OR, for defendant-appellee.

Before: GOODWIN, REINHARDT, and RYMER, Circuit Judges.

RYMER, Circuit Judge:

James E. Higgins, personal representative for the Estate of Barry F. Aires,1 appeals the entry of summary judgment for the Port of Newport on Aires's claim under 42 U.S.C. § 1983 that the Port violated his due process rights by foreclosing on his boat through nonjudicial sale. Aires moored his boat at the Port's docks for two years without making any of the rental payments specified in the moorage agreement he...

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