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MILLIGAN v. CITY OF RED OAK, IOWA

No. 99-3778.

230 F.3d 355 (2000)

Robert MILLIGAN, Appellant, v. CITY OF RED OAK, IOWA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 16, 2000.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Stanley J. Thompson, Des Moines, IA. Additional attorney appearing on the brief was Debra Rectenbaugh Pettit.

Counsel who presented argument on behalf of the appellee was John B. Boeye, Red Oak, IA.

Before BOWMAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

PER CURIAM.

Robert Milligan appeals the District Court's2 dismissal of his complaint against the city of Red Oak, Iowa, in which Milligan alleged a taking of his property by the city in violation of the Public Use Clauses of the United States and Iowa Constitutions. Milligan sought to permanently enjoin the city from taking his property through condemnation proceedings, arguing that the proposed taking was not for a public purpose. The...

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