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LINDAUER v. OKLAHOMA CITY URBAN RENEWAL AUTHORITY

No. 388-70.

439 F.2d 761 (1970)

Herbert Loyd LINDAUER, Appellant, v. The OKLAHOMA CITY URBAN RENEWAL AUTHORITY, a Public Body Corporate, and its Board of Commissioners composed of W. M. Harrison, F. D. Moon, R. A. Hunter, Jim Lookabaugh and Harvey Everest, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 28, 1970.

Attorney(s) appearing for the Case

Ted R. Fisher, Tulsa, Okl., for appellant.

James D. Batchelor, Jerry L. Salyer and John W. Swinford, Jr., Oklahoma City, Okl., for appellees.

Before LEWIS, Chief Judge, PICKETT, Circuit Judge, and KERR, District Judge.

PER CURIAM.

The district court denied a request for convening of a three-judge district court, 28 U.S.C. § 2281, on the ground that a substantial federal question was not presented in the complaint. Lindauer v. Oklahoma City Urban Renewal Authority, 312 F.Supp. 1361 (W.D.Okl.1970). A timely notice of appeal from that order was filed.

Upon docketing in this court, we noted the apparent jurisdictional flaw and notified...

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