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CITY OF CLARKSON VALLEY v. MINETA

No. 06-3613.

495 F.3d 567 (2007)

CITY OF CLARKSON VALLEY, a Missouri Municipal Corporation; Scott Douglass, in his official capacity as Mayor of Clarkson Valley, Appellants, v. Norman Y. MINETA, in his official capacity as Secretary of Transportation of the United States; Peter Rahn, in his official capacity as Director of the Missouri Department of Transportation for the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Patrick S. Butler, Eureka, MO.

Counsel who presented argument on behalf of the appellee was Milton Hsieh, Minneapolis, MN. Also appearing on the brief for appellee was Jane Rund, AUSA, St. Louis, MO.

Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.

BEAM, Circuit Judge.

The City of Clarkson Valley and Scott Douglass, in his official capacity as Mayor of Clarkson Valley (collectively "the City"), appeal the district court's grant of summary judgment in favor of defendants Mineta and Rahn (collectively "the United States"). Because the district court did not properly analyze the City's standing to sue the United States, we remand the case for such consideration.

I. BACKGROUND

In the...

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