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McNAMARA v. CITY OF RITTMAN

No. 02-3965.

473 F.3d 633 (2007)

Harry McNAMARA, et al., Plaintiffs-Appellants, v. The CITY OF RITTMAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 8, 2007.

Attorney(s) appearing for the Case

ARGUED: Steve J. Edwards, Grove City, Ohio, for Appellants. Melvin L. Lute, Jr., Baker, Dublikar, Beck, Wiley & Mathews, North Canton, Ohio, for Appellee. ON BRIEF: Steve J. Edwards, Grove City, Ohio, for Appellants. Melvin L. Lute, Jr., Jack R. Baker, Baker, Dublikar, Beck, Wiley & Mathews, North Canton, Ohio, for Appellee.

Before KENNEDY, MARTIN, and MOORE, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case involves a federal takings claim arising from the City of Rittman's operation of water wells that allegedly caused damage to plaintiffs. In our initial review of the district court's judgment, we requested that the Supreme Court of Ohio answer an important question of first impression involving a property owner's interest in the groundwater beneath his property. The Supreme Court of Ohio has now answered...

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