FOUNTAIN v. METROPOLITAN ATLANTA RAPID TR. AUTH.

No. 87-8601.

849 F.2d 1412 (1988)

T.J. FOUNTAIN, Jr., individually and d/b/a Fountain Oil Company, Plaintiff-Appellant, v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 21, 1988.


Attorney(s) appearing for the Case

George P. Dillard, Atlanta, Ga., for plaintiff-appellant.

Barclay T. Macon, Jr., Kutak Rock & Campbell, Atlanta, Ga., for defendant-appellee.

Before KRAVITCH, Circuit Judge, HENDERSON, and HENLEY, Senior Circuit Judges.


HENDERSON, Senior Circuit Judge:

T.J. Fountain, Jr. appeals from a final order entered by the United States District Court for the Northern District of Georgia granting the Metropolitan Atlanta Rapid Transit Authority's ("MARTA") motion for summary judgment in this inverse condemnation case brought pursuant to 42 U.S.C. § 1983. We affirm.

This current controversy follows a long and tortuous path through the state and federal courts. Fountain owned a gasoline...

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