WESTBOROUGH MALL, INC. v. CITY OF CAPE GIRARDEAU

Nos. 84-1356, 84-1304.

794 F.2d 330 (1986)

WESTBOROUGH MALL, INC., a corporation, George Staples, Jr., individually, and as sole general partner of Westborough Mall Associates, a Missouri Limited Partnership, Appellees, v. CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, Appellant. Paul W. Stehr, Oliver A. Hope, Robert K. Herbst, Howard C. Tooke, Samuel L. Gill, Gail L. Woodfin, W.G. Lawley, Drury Industries, Inc., a corporation and May Centers of Cape, Inc., a corporation. WESTBOROUGH MALL, INC., a corporation, George Staples, Jr., and Westborough Mall Associates, a Missouri Limited Partnership, by and through George Staples, Jr., its sole general partner, Appellants, v. CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, Charles L. Drury, Drury Industries, Inc., a corporation, May Department Stores Co., a corporation, West Park Associates, a Missouri Limited Partnership, May Centers of Cape, Inc., a corporation and May Centers, Inc., a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1986.


Attorney(s) appearing for the Case

Robert Freilich, Kansas City, Mo., for Westborough Mall, Inc.

Stephen E. Strom, Cape Girardeau, Mo., for City of Cape Girardeau.

Tom Walsh, St. Louis, Mo., for May Dept. Stores Co. and Drury Industries.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and WOODS, District Judge.


McMILLIAN, Circuit Judge.

Westborough Mall, Inc., a corporation, George Staples, Jr., and Westborough Mall Associates, a Missouri limited partnership, (appellants) appeal from a final judgment entered in the District Court for the Eastern District of Missouri upon a jury verdict in a 42 U.S.C. § 1983 action in favor of the City of Cape Girardeau, Missouri (the City), members of the city council in their individual capacities, Drury Industries, Inc., May Department...

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