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FREEMAN v. CITY OF DALLAS

No. 97-10907.

242 F.3d 642 (2001)

Charles FREEMAN and Rosalyn Brown, Plaintiffs-Appellees-Cross-Appellants, v. CITY OF DALLAS, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised March 5, 2001.

Attorney(s) appearing for the Case

Laura Beth Beshara, Michael M. Daniel (argued), Dallas, TX, for Freeman and Brown.

Peter Brooke Haskel (argued), William Kent McIlyar, Dallas, TX, for City of Dallas.

Andrea Joan Capps Douglas (argued), City of Houston Legal Dept., Houston, TX, for City of Houston, Amicus Curiae.

Before JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The City of Dallas served notices on the owners of two vacant, deteriorated apartment houses, warning them to repair or demolish the structures. The owners fought the order according to City procedures but lost. After the City tore down the condemned buildings, the owners filed suit in federal court alleging violations of the Fourth Amendment and the Due Process Clause. A divided panel of this court held that although the City procedures...

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