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JOHN G. & MARIE STELLA KENEDY MEM. FOUND. v. MAURO

No. 92-7714.

21 F.3d 667 (1994)

The JOHN G. AND MARIE STELLA KENEDY MEMORIAL FOUNDATION, Plaintiff-Appellant, v. Garry MAURO, Commissioner of the General Land Office, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 29, 1994.

Attorney(s) appearing for the Case

Shannon Ratliff, Marc Knisely, McGinnis, Lochridge & Kilgore, Austin, TX, Thomas Forestier, McGinnis, Lochridge & Kilgore, Houston, TX, Richard Hatch, Sr., Hatch & Loomis, Corpus Christi, TX, for appellant.

Dick Watt, Houston, TX, for amicus curiae, Dunn-McCampbell Royalty Interest, Inc.

Mary Keeney, Liz Bills, Asst. Attys. Gen., Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before KING and BARKSDALE, Circuit Judges, and PARKER, District Judge.

KING, Circuit Judge:

The John G. and Marie Stella Kenedy Memorial Foundation (the Foundation) appeals the district court's dismissal of its claim brought under 42 U.S.C. § 1983 against Garry Mauro (Mauro), Commissioner of the Texas General Land Office, in his official capacity, and its Fifth Amendment inverse condemnation claim against the State of Texas. The Foundation also appeals the district court's denial of its motion for partial summary judgment. We affirm...

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