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JOHN CORP. v. CITY OF HOUSTON

No. 99-20010.

214 F.3d 573 (2000)

The JOHN CORPORATION; U.S. Vanguard Ltd., Inc., Plaintiffs-Appellants, v. The CITY OF HOUSTON; Cherry Moving Company, Inc., doing business as Cherry Demolition, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 12, 2000.

Attorney(s) appearing for the Case

Jeffery Taylor Nobles (argued), Smith, Nobles & Adams, John William Tavormina, Kimberly W. Brown, Helm, Pletcher, Bowen & Saunders, Houston, TX, for Plaintiffs-Appellants.

Andrea Chan (argued), City of Houston, Legal Department, Houston, TX, for City of Houston.

Denise A. Acebo, Gene Francis Creely, II, Beirne, Maynard & Parsons, Houston, TX, for Cherry Moving Co., Inc.

Before KING, Chief Judge, and DUHE and DeMOSS, Circuit Judges.

KING, Chief Judge:

Plaintiffs-Appellants The John Corporation and U.S. Vanguard, Limited, Inc. appeal from the district court's judgment dismissing without prejudice their claims against the City of Houston and Cherry Moving Company, Inc., arguing that the lower court erred in finding that each of their federal claims is either unripe or frivolous. Although we agree that an Eighth Amendment claim is frivolous and that the takings claim is unripe, we conclude that...

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