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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Linda Miller and Roger Miller v. Hartwood Apartments, Ltd., 689 F.2d 1239 (1982)

Citation
Linda Miller and Roger Miller v. Hartwood Apartments, Ltd., 689 F.2d 1239 (1982)
Parent Document
Linda Miller and Roger Miller v. Hartwood Apartments, Ltd., 689 F.2d 1239 (1982)
Effective Date
1982-10-28

Other Sections in This Document (61)

Full Text

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The appellants, Linda Miller and Roger Miller, initiated this case on September 2, 1982, by filing a complaint against Hart-wood Apartments, Ltd., Hughes Construction Inc., William J. Van Devender and Hughes Management Corporation, [hereinafter “Hartwood”] pursuant to 42 U.S.C. § 1983 and alleging violations of their first, fifth and fourteenth amendment rights. The Millers sought injunctive and monetary relief on the basis of an eviction obtained by the appellees in an Unlawful Entry and Detainer proceeding in state court, and on the basis of surrounding events. Also on September 2, 1981, the Millers filed a motion for a temporary restraining order to bar the execution of the writ of eviction. The TRO application was denied by a United States Magistrate on September 14, 1981. Subsequently, the Millers noticed a motion for preliminary injunction. Pursuant to Fed.R.Civ.P. 65(a)(2), and upon consent of the parties, the District Court, Cox, J., ordered the trial on the merits consolidated with the hearing on the preliminary injunction. At the conclusion of the appellants’ case-in-chief, Hartwood moved pursuant to Fed.R.Civ.P. 41(b) to dismiss their claim. The District Court granted this motion and entered a final judgment dismissing the Millers’ claim with prejudice. This order was entered on October 13,1981. We affirm.