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OBERNDORF v. CITY AND COUNTY OF DENVER

Nos. 88-2599, 88-2928.

900 F.2d 1434 (1990)

Donald OBERNDORF; Leo Stern; Harry Paul Wertheimer; Carol Brodie, Trust Administrator for Edith O. Wertheimer Trust; Dottie Hammel; and Block 173 Associates, a Colorado General Partnership, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER: The City Council of the City & County of Denver, by its council members of the City Council (not as individuals but as members of the City Council), T.J. Hackworth, J.L. Sandos, Stephanie A. Foote, Paul L. Swalm, John J. Silchia, Nieves Peres McIntire, Hiawatha Davis, Jr., Salvadore Carpio, Cathy Donohue, William R. Roberts, Robert L. Crider, Cathy Reynolds, William A. Scheitler: The Denver Urban Renewal Authority; Federico Pena, as Mayor of the City and County of Denver: and BCE Development Properties, Inc., a Colorado corporation fka Oxford Properties, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 29, 1990.

Attorney(s) appearing for the Case

James A. Clark, Baker & Hostetler (Bruce D. Pringle and Theodore Shih of Baker & Hostetler, Kenneth L. Starr and Michael Touff of Holmes & Starr, with him, on the briefs), Denver, Colo., for plaintiffs-appellants.

David R. Hammond, Davis, Graham & Stubbs (Dale R. Harris and Neil Peck of Davis, Graham & Stubbs, Stephen H. Kaplan, City Atty., Robert M. Kelly, Donald E. Wilson, and Karen A. Aviles, Asst. City Attys., Marlin D. Opperman, William M. Schell and Linda A. Surbaugh of Opperman & Associates, P.C., with him, on the briefs), Denver, Colo., for defendants-appellees.

Before McKAY, MOORE, and ANDERSON, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Plaintiffs-appellants appeal a summary judgment order which dismissed with prejudice all of their antitrust and civil rights claims against the defendants. We conclude that the district court properly found that there was no genuine issue of material fact in dispute. Because that court correctly applied the substantive law, we affirm.

I.

This case arises from the proposed Centerstone redevelopment project in downtown...

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