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CITY OF ARLINGTON, TEX. v. GOLDDUST TWINS REALTY CORP.

No. 93-1127.

41 F.3d 960 (1994)

CITY OF ARLINGTON, TEXAS, Plaintiff-Counter Defendant Appellant-Cross Appellee, v. GOLDDUST TWINS REALTY CORPORATION, Defendant-Counter Plaintiff Appellee-Cross Appellant, B/R Rangers Associates, Ltd., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 21, 1994.

Attorney(s) appearing for the Case

Robert E. Goodfriend, Dallas, TX, Jay B. Doegey, City Atty., H. Jeanne McIntyre, Asst. City Atty., Arlington, TX, for City of Arlington, Texas.

Nicholas A. Foley, Donald Dean Bush, Bush, Craddock, Huffsmith & Gilhooly, Dallas, TX, for Golddust Twins.

Albon O. Head, Jr., Jackson & Walker, Ft. Worth, TX, for B/R Rangers.

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The City of Arlington, Texas appeals the district court's judgment invalidating Arlington's condemnation of a leasehold interest owned by the Resolution Trust Corporation and Golddust Twins Realty Corporation. We find that Arlington exercised its eminent domain power for a valid public purpose. That Arlington's stated purpose for taking the property differed from its actual purpose is not a basis for invalidating this condemnation...

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