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CITY OF CLEVELAND v. PETER KIEWIT SONS' CO.

No. 78-3029.

624 F.2d 749 (1980)

CITY OF CLEVELAND, Plaintiff-Appellee, v. PETER KIEWIT SONS' CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1980.

Attorney(s) appearing for the Case

Roman T. Keenen, Ray, Robinson, Keenen & Hanninen, Lucian Y. Ray, Cleveland, Ohio, for defendant-appellant.

James B. Davis, Director of Law, Nicholas M. DeVito, Asst. Director of Law, John H. Kless, Cleveland, Ohio, for plaintiff-appellee.

Before EDWARDS, Chief Judge, and WEICK and BROWN, Circuit Judges.

WEICK, Circuit Judge.

The suit in the District Court was instituted by the City of Cleveland (City) against Peter Kiewit Sons' Co. (Kiewit) to recover damages to an old 1908 dilapidated waterfront dock no longer used for its original purposes, a portion of which Kiewit had been using for a short time for loading purposes under a lease arrangement with the City. Jurisdiction was based on diversity of citizenship.

The case was tried before a jury which returned...

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