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BARRY AVIATION v. LAND O'LAKES MUNICIPAL AIRPORT

No. 03-2605.

377 F.3d 682 (2004)

BARRY AVIATION INCORPORATED, Plaintiff-Appellant, v. LAND O'LAKES MUNICIPAL AIRPORT COMMISSION, Town of Land O'Lakes Wisconsin, Richard Peterson, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 2004.

Attorney(s) appearing for the Case

George V. Pilat, Robert W. McIntyre (argued), McIntyre, Kahn & Kruse, Cleveland, OH, for Plaintiff-Appellant.

James A. Johnson, D.G. Graff (argued), Johnson & Houlihan, Rhinelander, WI, for Defendants-Appellees.

Before FLAUM, Chief Judge, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Barry Aviation, Inc. filed a seven-count complaint against the defendants on November 22, 2002. The district court dismissed the counts based on 18 U.S.C. § 1961 and 42 U.S.C. § 1983 for failure to state a claim upon which relief could be granted. It then dismissed the remaining five counts based on state law because it determined that Barry Aviation had failed to allege its state of incorporation and therefore had not alleged jurisdiction...

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