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L.L. Nelson Enterprises, Inc.; Laura L. Nelson-Smith v. County of St. Louis, Missouri

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Submitted: September 22, 2011

Before RILEY, Chief Judge, COLLOTON, and GRUENDER, Circuit Judges.

L.L. Nelson Enterprises, Inc., doing business as Landlords Moving Service, Inc., and its principal Laura L. Nelson-Smith (collectively, “Landlords Moving”) brought civil rights claims under 42 U.S.C. §§ 1983 and 1985 against the County of St. Louis, several employees of the County, and a competitor firm Independent Eviction Agency, LLC, and its principal, James Siebels (collectively, “IEA”). The amended complaint alleged violations of constitutional rights under the First, Fifth, and Fourteenth Amendments and sought damages and declaratory and injunctive relief. The district court dismissed the plaintiffs’ amended complaint for failure to state a claim against all but three defendants, and entered a final judgment pursuant to Federal Rule of Civil Procedure 54(b). Landlords Moving appeals. We reverse *fn1 the dismissal of Landlords Moving’s First Amendment retaliation claim against defendant Laurie Main, affirm the dismissal of all other claims, and remand for further proceedings.

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