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LANDMARK LAND CO. OF OKLAHOMA, INC. v. BUCHANAN

Nos. 85-2458, 85-2538.

874 F.2d 717 (1989)

LANDMARK LAND COMPANY OF OKLAHOMA, INC., an Oklahoma corporation, Plaintiff-Appellant, v. R.E. "Buck" BUCHANAN, in his individual capacity and as Commissioner, County of Oklahoma County; The County of Oklahoma County, an Oklahoma County Government, Defendants, and Dennis W. Beach, in his individual capacity and as City Manager, City of Del City; James H. Nolen, in his individual capacity and as former Mayor, City of Del City; Michael Chavez, in his individual capacity and as Mayor, City of Del City; Elvin L. Miller, Brock Zimmerman, Mike McIlvoy, Randy Dahlke, Steve Wilkerson, and Zack Pierce, all in their individual capacities and as Councilmen, City of Del City; The City of Del City, an Oklahoma municipal corporation; Colonel Ray D. Reaves, in his individual capacity and as Base Commander, 2854th Air Base Group; General Richard A. Burpee, in his individual capacity and as Commanding Officer, Oklahoma City Air Logistics Command, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1989.

Attorney(s) appearing for the Case

Richard G. Carlisle of Herrick, Feinstein, Kansas City, Mo. (Eric J. Groves of Groves, Bleakley & Tague, with him on the brief), for plaintiff-appellant.

Laura E. Frossard, Atty., Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C.; William S. Price, U.S. Atty., Roger W. Griffith, Asst. U.S. Atty., Oklahoma City, Okl., Dorothy R. Burakreis, Robert L. Klarquist, and Albert M. Ferlo, Jr., Attys., Dept. of Justice, Washington, D.C., on the brief), for defendants-appellees Reaves and Burpee.

Margaret McMorrow-Love of Fellers, Snider, Blankenship, Bailey & Tippins, Oklahoma City, Okl., Robert H. Macy, Dist. Atty., Oklahoma City, Okl., for defendant Buchanan.

Edwin F. Garrison of Looney, Nichols, Johnson & Hayes, for defendant County of Oklahoma County, with her on the brief, for defendants-appellees Beach, Nolan, Chavez, Miller, Zimmerman, McIlvoy, Dahlke, Wilkerson, Pierce and City of Del City.

Before SEYMOUR, McWILLIAMS, and TACHA, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiff Landmark Land Company of Oklahoma filed suit against various officials of the City of Del City, Oklahoma, a county commissioner of Oklahoma County, and officers in charge of Tinker Air Force Base alleging a taking of property without just compensation, related constitutional violations, and pendent state causes of action. Landmark appeals an order of the district court dismissing its complaint for failure to state a claim for which...

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