SOUTHPARK SQUARE LTD. v. CITY OF JACKSON, MISS.

No. 76-1806.

565 F.2d 338 (1977)

SOUTHPARK SQUARE LIMITED, a Mississippi Corporation, Plaintiff-Appellee, v. CITY OF JACKSON, MISSISSIPPI, Defendant-Appellant, State Highway Department of the State of Mississippi, Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 2, 1977.


Attorney(s) appearing for the Case

John E. Stone, City Atty., Jackson, Miss., for defendant-appellant.

Alvin M. Binder, Jackson, Miss., for plaintiff-appellee.

Robert G. Nichols Jr., Jackson, Miss., for other interested parties.

Before COLEMAN, SIMPSON and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 2, 1977.

SIMPSON, Circuit Judge:

For want of a building permit, financing could not be obtained. For want of financing, the balance of the purchase price of the property could not be paid. For want of payment, the property went into foreclosure and was sold at auction. So says Southpark Square Limited, the aggrieved property owner. In the court below, Southpark prevailed on its claim that, because of these unfortunate...

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