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WESTBOROUGH MALL INC. v. CITY OF CAPE GIRARDEAU, MO.

Nos. 84-1304, 84-1356.

804 F.2d 108 (1986)

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. 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.

United States Court of Appeals, Eighth Circuit.

October 23, 1986.

Attorney(s) appearing for the Case

Thomas C. Walsh and John Michael Clear, Michael G. Biggers, St. Louis, Mo., for May Dept. Stores Co. and Drury Industries.

Stephen E. Strom and Craig M. Billmeyer, Finch, Bradshaw, Strom & Steele, Cape Girardeau, Mo., for City of Cape Girardeau.

ORDER

Defendants-appellees' petition for a rehearing en banc is denied. Judges Ross, Gibson, Fagg, and Bowman would grant the rehearing.

Defendants-appellees' petition for a rehearing is also denied. In support of their petition for rehearing, the private defendants-appellees contend that the jury verdict in their favor on the Count II conspiracy claim should not be disturbed because the panel found error only in the jury instructions pertaining to the Count...

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