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BOWERS v. CITY OF FLINT

No. 01-1453.

325 F.3d 758 (2003)

Dan BOWERS, et al., Plaintiffs-Appellants, v. The CITY OF FLINT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 9, 2003.

Attorney(s) appearing for the Case

Tom R. Pabst (argued and briefed), Michael A. Kowalko, Flint, MI, for Plaintiffs-Appellants.

Loyst Fletcher, Jr. (briefed), Christopher J. Pianto (argued and briefed), Fletcher, Wolf & Associates, Flint, MI, for Defendant-Appellee.

BATCHELDER, J., delivered the opinion of the court, in which FORESTER, D.J., joined. MOORE, J. (pp. 764-67), delivered a separate concurring opinion.

OPINION

BATCHELDER, Circuit Judge.

Plaintiffs, users of the City of Flint's water and sewer system, appeal the district court's order granting summary judgment to the defendant in this action claiming that the defendant violated their procedural and substantive due process rights by failing to implement a city ordinance giving a five percent discount to residential water users who pay their water bills on time....

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