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CHARLES J. ARNDT, INC. v. CITY OF BIRMINGHAM

No. 83-7605.

748 F.2d 1486 (1984)

CHARLES J. ARNDT, INC., a corporation, Plaintiff-Appellant, v. CITY OF BIRMINGHAM, a municipal corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 17, 1984.

Attorney(s) appearing for the Case

Engel, Hairston, Moses & Johanson, Griffin Sikes, Jr., Charles R. Johanson, III, Birmingham, Ala., for plaintiff-appellant.

Alton B. Parker, Jr., Spain, Gillon, Riley, Tate & Etheredge, J. Stuart Wallace, Birmingham, Ala., for defendants-appellees City of Birmingham, et al.

Carolyn Nelson, Metropolitan Properties, Inc., Birmingham, Ala., for Metropolitan Properties, Inc. and GB Corp.

Thomas Reuben Bell, Sylacauga, Ala., for Metropolitan Properties, Inc.

Before HILL and HENDERSON, Circuit Judges, and WISDOM, Senior Circuit Judge.

ALBERT J. HENDERSON, Circuit Judge:

The appellant, Charles J. Arndt, Inc. ("Arndt"), appeals from the orders of the United States District Court for the Northern District of Alabama dismissing Arndt's federal and state law causes of action and denying its motions to alter or amend the court's judgment and to amend the complaint. Arndt alleged that the actions of the defendants constituted a taking of its property without due process of law in violation of the fifth...

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