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SAYRE v. CITY OF CLEVELAND

No. 73-1594.

493 F.2d 64 (1974)

Maurice M. SAYRE, Trustee in Bankruptcy of the Liberty Mortgage Corporation, Plaintiff-Appellee, v. The CITY OF CLEVELAND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1974.

Attorney(s) appearing for the Case

James A. Smith, Cleveland Ohio, for defendant-appellant; Herbert R. Whiting by Robert W. Jones, Asst. Director of Law, City of Cleveland, James P. Mancino, Issac Schulz, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief.

Thomas A. Luebbers, City Sol., Thomas Rehme, Asst. City Sol., Cincinnati, Ohio, on brief for amici curiae city of Cincinnati.

James W. Drake, City Atty., Dayton, Ohio, on brief for amici curiae city of Dayton.

Edwin F. Woodle, Cleveland, Ohio, for plaintiff-appellee; Woodle, Wachtel, Begam & Wolk, Cleveland, Ohio, James W. Childs, Van Wert, Ohio, on brief.

Before McCREE and MILLER, Circuit Judges, and McALLISTER, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This appeal raises important questions concerning the extent to which property may be affected by an urban renewal program without being "taken" within the meaning of the fifth and fourteenth amendments to the Constitution of the United States. The facts and procedural history of the case are somewhat complex and require a not incomplete statement.

The appellee Maurice Sayre, is the trustee in bankruptcy of Liberty Mortgage...

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