Donald L. Garren and James A. Eddinger v. City of Winston-Salem, North Carolina

MURRAH, Senior Circuit Judge:

We previously affirmed the District Court’s dismissal of this action on the ground that the appellants’ claim was concerned only with the infringement of property as opposed to personal rights and did not, therefore, state a claim cognizable under 42 U.S.C. § 1983, for which jurisdiction is conferred under 28 U.S.C. § 1343(3). See 439 F.2d 140. Our decision was vacated and the case remanded by the Supreme Court, 405 U.S. 1052, 92 S.Ct. 1489, 31 L.Ed.2d 787, for consideration in light of Lynch v. Household Finance Corp., 405 U.S. 538, 92 S.Ct. 1113, 31 L.Ed.2d 424…