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RODEWAY INNS OF AMERICA, INC. v. FRANK

No. 75-1563.

541 F.2d 759 (1976)

RODEWAY INNS OF AMERICA, INC., a corporation, and Madesco Investment Corporation, a corporation, Appellants, v. Maurice B. FRANK et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1976.

Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

Theodore D. Ponfil, Clayton, Mo., for appellants; Eugene Portman, St. Louis, Mo., on brief.

Barrie L. Goldstein, Economic Litigation Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellee; Rex E. Lee, Asst. Atty. Gen., Donald J. Stohr (former U. S. Atty. effective May 15th, Barry A. Short, U. S. Atty.), and Leonard Schaitman, Attorney with Dept. of Justice, on brief.

Gary S. Heifetz, St. Louis, Mo., for private appellees; Richard J. Sheehan, St. Louis, Mo., on brief.

Before BRIGHT, ROSS, and STEPHENSON, Circuit Judges.

Rehearing En Banc Denied October 12, 1976.

BRIGHT, Circuit Judge.

When the owners of the South Tower of the Mansion House Center, an apartment building located in an urban renewal area of downtown St. Louis, Missouri, began converting the Tower into a hotel, competitor hotel owners filed this lawsuit against the owners of the South Tower and the Secretary of the Department of Housing and Urban Development (HUD), the latter having approved the conversion decision...

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