BARKET, LEVY & FINE, INC. v. ST. LOUIS THERMAL ENERGY, CORP.

No. 93-2227.

21 F.3d 237 (1994)

BARKET, LEVY & FINE, INC., Appellant, v. ST. LOUIS THERMAL ENERGY CORPORATION; Bi-State Development Agency of the Missouri-Illinois Metropolitan District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1994.


Attorney(s) appearing for the Case

Mark D. Hirschfeld, St. Louis, MO, for appellant.

Daniel G. Vogel, St. Louis, MO (Thomas M. Newmark, on the brief), for appellee.

Before MAGILL and BEAM, Circuit Judges, and VAN SICKLE, Senior District Judge.


MAGILL, Circuit Judge.

Plaintiff Barket, Levy & Fine, Inc., (BLF) appeals the district court's1 judgment granting summary judgment to defendants St. Louis Thermal Energy Corporation (Thermal) and Bi-State Development Agency (Bi-State) in this 42 U.S.C. § 1983 action. BLF claims that the district court erred in concluding that Bi-State and Thermal's establishment and application of a steam heat rate system that distinguished between...

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