Robert Allen Howerton, and Roxanna Howerton v. Jess Gabica and Marjorie Gabica
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
The Howertons appeal the dismissal after trial of their section 1983 claim. It was dismissed on the ground that sufficient state action had not been shown. We have jurisdiction under 28 U.S.C. § 1291 (1976). We reverse and remand.
I
In March 1977, the Howerton family leased from the Gabicas a trailerhouse, one of the few available rentals in the small town of Kooskia. The Howertons had financial difficulties and were unable to pay their August rent. A few days after Mrs. Howerton returned from the hospital following the birth of a fourth child, Mrs. Gabica went to the…
2Cases cited25 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
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