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NEWMAN SIGNS, INC. v. SINNER

No. 85-5392.

796 F.2d 247 (1986)

NEWMAN SIGNS, INC., a North Dakota Corporation, Appellant, v. George A. SINNER, Governor of the State of North Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1986.

Rehearing and Rehearing Denied August 27, 1986.

Attorney(s) appearing for the Case

Daniel J. Crothers, Fargo, N.D., for appellant.

Laurie J. Loveland, Asst. Atty. Gen., Bismarck, N.D., for appellee.

Before LAY, Chief Judge, and HEANEY and JOHN R. GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 27, 1986.

HEANEY, Circuit Judge.

Newman Signs, Inc. (Newman) commenced this action to enjoin the State of North Dakota from removing Newman's billboards without payment of just compensation, as allegedly required by the Highway Beautification Act of 1965, 23 U.S.C. § 131. The district court dismissed the complaint with prejudice, holding that the compensation provision of the Act does not create rights enforceable...

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