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STARZENSKI v. CITY OF ELKHART

No. 3:93cv0401.

842 F.Supp. 1132 (1994)

Sophie STARZENSKI, Kazmer Starzenski, and Gennie Starzenski, Plaintiffs, v. CITY OF ELKHART, Elkhart Health and Sanitation Department, Leroy Robinson, Dir. of Health and San. Dept., Ray Minegar, Health Enforcement Officer, Fran Curry, Health Enforcement Officer, Richard L. Moore, Street Comm'r, Ernie Hill, Elkhart City Police Officer, and Larry Kasa, Elkhart City Police Officer, Defendants.

United States District Court, Northern Dist. Indiana, South Bend Division.

January 10, 1994.

Attorney(s) appearing for the Case

William J. Cohen, Elkhart, for plaintiffs.

Robert T. Sanders III, Matthew A. Yeakey, Paul D. Eash, Elkhart, for defendants.

MEMORANDUM AND ORDER ON ABSTENTION ISSUE

ALLEN SHARP, Chief Judge.

On February 8, 1993, workers for the City of Elkhart (City) came onto plaintiffs' property at 1015 West Garfield without their permission and without a warrant and began removing the plaintiffs' personal property from the yard and from within the house. The City had repeatedly given notice of the violations and had ordered Sophie to clean...

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