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MARTINGALE LLC v. CITY OF LOUISVILLE

No. 02-5895.

361 F.3d 297 (2004)

MARTINGALE LLC; Bridge the Gap, Inc., Plaintiffs-Appellants, v. CITY OF LOUISVILLE; Waterfront Development Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 17, 2004.

Rehearing Denied April 14, 2004.

Attorney(s) appearing for the Case

Donald L. Cox (argued and briefed), William H. Mooney (briefed), Christina M. Heavrin, Lynch, Cox, Gilman & Mahan, Louisville, KY, Theodore L. Mussler, Jr. (briefed), Mussler & Associates, Louisville, KY, for Plaintiffs-Appellants.

John L. Tate (argued and briefed), Emily R. Hartlage (briefed), Stites & Harbison, Louisville, KY, J. David Morris (briefed), City of Louisville, Louisville, KY, Jason P. Thomas, Stites & Harbison, Frankfort, KY, for Defendants-Appellees.

Before: BOGGS, Chief Judge; GIBBONS, Circuit Judge; GWIN, District Judge.

OPINION

GWIN, District Judge.

In this case, Martingale, LLC ("Martingale") and Bridge the Gap, Inc. ("Bridge the Gap") appeal the district court's ruling permitting the City of Louisville ("City") and the Waterfront Development Corporation to condemn a structure known as the Big Four Bridge. The Big Four Bridge connects Jeffersonville, Indiana with Louisville, Kentucky. The City and the Waterfront Development Corporation wish to use the bridge as part of...

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