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THOMAS W. GARLAND, INC. v. CITY OF ST. LOUIS

No. 78-1554.

596 F.2d 784 (1979)

THOMAS W. GARLAND, INC., Appellant, v. The CITY OF ST. LOUIS and Manley Investment Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1979.

As Amended on Denial of Rehearing and Rehearing May 15, 1979.

Attorney(s) appearing for the Case

Allen A. Yoder of Rassieur, Long, Yawitz & Schneider, St. Louis, Mo., argued and on brief, for appellant.

Joseph R. Niemann, Asst. City Counselor, St. Louis, Mo. (argued), and Jack L. Koehr, City Counselor, St. Louis, Mo., on brief, for appellee, City of St. Louis.

Charles A. Newman, Thompson & Mitchell, St. Louis, Mo. (argued), Donald J. Stohr and Robert S. Bogard, St. Louis, Mo., on brief, for appellee, Manley Investment Co.

Before HEANEY and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 15, 1979.

ROSS, Circuit Judge.

Plaintiff, Thomas W. Garland, Inc. (Garland), operates a retail clothing store on leased premises in the downtown business area of St. Louis, Missouri. In its complaint, filed January 30, 1978, Garland alleges that condemnation proceedings originating in April 1973 by the city of St. Louis have effected a de facto taking of...

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