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CIMASI v. CITY OF FENTON, MISSOURI

No. 87-1476.

838 F.2d 298 (1988)

Robert CIMASI and J. Barleycorn's, Inc., By and Through Stuart J. Radloff as trustee, Appellants, v. CITY OF FENTON, MISSOURI; Joseph Morgan; Donald P. Formhals; Gloria K. Schweiger; Jane Wulle; Joseph Clark; Frances J. Pickles; Joan Harris; Jean Gerber; Neil Roark; J. Carol Hitzert; Robert R. Sanders; Guy L. Youngman; and Melvin West, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Stephen B. Clark, Clayton, Mo., for appellants.

Stefan J. Glynias and Laura B. Allen, St. Louis, Mo., for appellees.

Before LAY, Chief Judge, and McMILLIAN and ARNOLD, Circuit Judges.

LAY, Chief Judge.

On August 5, 1980, J. Barleycorn's, Inc., by and through its president, Robert Cimasi (hereinafter Barleycorn) entered into a commercial lease to operate a bar and restaurant. Barleycorn obtained a liquor license from the State of Missouri and St. Louis County, but failed to obtain a liquor license from the City of Fenton (Fenton). When Barleycorn applied for a liquor license, Fenton denied the application. Barleycorn thereafter filed suit in the...

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