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LEHMAN v. CITY OF LOUISVILLE

No. 91-1236.

967 F.2d 1474 (1992)

Arlin D. LEHMAN; Pulmonary Data Services of America, Inc., a Colorado corporation; M & J Medical Inc., a Colorado corporation; Oliver & Associates; Sunshine Acres, Ltd., a Colorado corporation, Plaintiffs-Appellants, v. CITY OF LOUISVILLE, a municipal corporation; John Franklin, individually and in his capacity as Director of Community Development; David Stahl; Annette Brand, individually and in her official capacity as the City Administrator; the City Council of the City of Louisville, including Herman Fauson, John Sackett; Randy Carnival; Marie Szymanski; Margaret Hornbostel; Kevin Howard; Tom Davidson, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 29, 1992.

Attorney(s) appearing for the Case

John A. Meininger, of Frascona and Joiner, P.C., Boulder, Colo., for the plaintiffs-appellants.

Edward J. Godin (Steven L. Heisdorffer, with him on the brief), of Weller, Friedrich, Ward & Andrew, Denver, Colo., for defendants-appellees.

Before TACHA, SNEED, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Appellants appeal an order of the district court granting appellees' motion to dismiss appellants' first and second claims and remanding the third and final claim to the state court. On appeal, appellants raise four arguments: (1) the district court erred in failing to abstain and to remand all federal issues to the state court; (2) the district court erred in concluding that appellants' allegations did not identify a property interest under...

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