UNION PACIFIC R. CO. v. ST. LOUIS MARKETPLACE

No. 99-2976.

212 F.3d 386 (2000)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. ST. LOUIS MARKETPLACE, LIMITED PARTNERSHIP; Thomas A. Villa, Michael Sheehan; Jack Garvey; Claude Taylor; Geraldine Osborn, Assistant to the President; Francis Slay, Honorable, President; Irene J. Smith, Honorable, 1st Ward; Nancy S. Weber, Honorable, 2nd Ward; Freeman Bosley, Sr., Honorable, 3rd Ward; Bertha Mitchell, Honorable, 4th Ward; Mary Ross, Honorable, 5th Ward; Marit Clark, Honorable, 6th Ward; Phyllis Young, Honorable, 7th Ward; Stephen J. Conway, Honorable, 8th Ward; Martie J. Aboussie, Honorable, 9th Ward; Craig Schmid, Honorable, 10th Ward; Daniel Gruen, Honorable, 11th Ward; Fred Heitert, Honorable, 12th Ward; Alfred Wessels, Jr., Honorable, 13th Ward; Marge Vining, Honorable, 15th Ward; James Shrewsberry, Honorable, 16th Ward; Joseph D. Roddy, Honorable, 17th Ward; Terry Kennedy, Honorable, 18th Ward; Velma Bailey, Honorable, 19th Ward; Sharon Tyus, Honorable, 20th Ward; Bernice Jones King, 21st Ward; Kenneth Jones, Honorable, 22nd Ward; Jim Sonderman, Honorable, 23rd Ward; Robert Ruggeri, Honorable, 24th Ward; Paul Beckerle, Honorable, 25th Ward; Irving C. Clay, Honorable, 26th Ward; Gregory Carter, Honorable, 27th Ward; Daniel McGuire, Honorable, 28th Ward, individually and in their official capacities as members of the Board of Alderman of the City of St. Louis, Missouri; Vincent C. Schoemehl, Jr., individually, and in his official capacity as Mayor of the City of St. Louis, Missouri; Virvus Jones, individually, and in his official capacity as Comptroller of the City of St. Louis, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 3, 2000.


Attorney(s) appearing for the Case

Robert L. Jackstadt, St. Louis, MO, argued (Jeffrey J. Kalinowski, on the brief), for Appellant.

Edward J. Hanlon, St. Louis, MO, argued (Thomas J. Ray, City Counselor for the City of St. Louis, and Patricia A. Hageman, Assistant City Counselor, on the brief), for Appellees.

Before RICHARD S. ARNOLD, HEANEY and LOKEN, Circuit Judges.


HEANEY, Circuit Judge.

Union Pacific Railroad Company (Union Pacific) appeals the district court's judgment in its suit against former officials of the City of St. Louis (City) and others. We affirm in part and reverse in part.

I. BACKGROUND

In 1990, the City and two private entities, Midland Equities, Inc. and St. Louis Marketplace Limited Partnership, initiated an effort to redevelop an area of the City along Manchester Avenue occupied by the abandoned...

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