William Burl Roudybush and Ruth J. Roudybush v. Ralph W. Zabel, Zabel Ltd. And First National Bank in Lenox

JOHN R. GIBSON, Circuit Judge.

William and Ruth Roudybush appeal from a summary judgment entered against them on their section 1983 claim. They allege that the appellees unlawfully instituted Iowa’s execution of judgment procedures and, acting jointly with state officials, deprived them of their property without due process. In granting summary judgment, the district court 1 concluded that the private party appellees did not act “under color of” state law when they implemented constitutional state execution of judgment procedures in an unlawful manner. The Roudybushes argue that because the…