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MUSKEGON THEATRES, INC. v. CITY OF MUSKEGON

No. 74-1447.

507 F.2d 199 (1974)

MUSKEGON THEATRES, INC., a Michigan corporation, Plaintiff-Appellant, v. CITY OF MUSKEGON, a Municipal Corporation, and the Amazon Company, a Michigan corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 5, 1974.

Attorney(s) appearing for the Case

Alexis J. Rogoski, R. Bunker Rogoski, Muskegon, Mich., for plaintiff-appellant.

Thomas J. O'Toole, James J. Kobza, George A. Parmenter, John M. Briggs, III, Muskegon, Mich., for defendants-appellees.

Before CELEBREZZE, PECK and MILLER, Circuit Judges.

JOHN W. PECK, Circuit Judge.

On September 28, 1972, plaintiff-appellant ("appellant") filed in federal district court a complaint alleging that defendant-appellee city ("City"), through certain urban renewal activities from 1966 to 1971, had "taken" its leasehold interest. Because appellant's lessor ("lessor") refused to join as co-plaintiff, appellant joined lessor as co-defendant. On June 1, 1973, City filed its declaration of taking in Muskegon County circuit court...

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