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EXECUTIVE AIR TAXI CORP. v. CITY OF BISMARCK, N.D.

Nos. 06-3586, 06-3600, 06-3602.

518 F.3d 562 (2008)

EXECUTIVE AIR TAXI CORPORATION, a North Dakota Corporation, Plaintiff/Appellant, v. CITY OF BISMARCK, NORTH DAKOTA, a municipal corporation; Mark Fetch; Dr. Steven J. Scherr, OnStar Management, Inc.; Timothy J. Thorsen, Airport Operations Manager; Gregory B. Haug, Airport Manager; Robert H. Simmers, Simson Investment Company; Bryce Hill, City Commissioner with Airport Portfolio; William Sorenson, Former Mayor; Cook Leasing, Inc.; Michael Aarestad, Aircraft Management Services, dba Aircraft Maintenance Services; Alan Sauter; William Wocken, City Administrator, City of Bismarck, Defendants/Appellees. Executive Air Taxi Corporation, a North Dakota Corporation, Plaintiff/Appellee, v. City of Bismarck, North Dakota, a municipal corporation, Defendant/Appellant, Mark Fetch; Dr. Steven J. Scherr, OnStar Management, Inc., Defendants, Timothy J. Thorsen, Airport Operations Manager; Gregory B. Haug, Airport Manager, Defendants/Appellants, Robert H. Simmers, Simson Investment Company, Defendant, Bryce Hill, City Commissioner with Airport Portfolio; William Sorenson, Former Mayor; Defendants/Appellants, Cook Leasing, Inc.; Michael Aarestad, Aircraft Management Services, dba Aircraft Maintenance Services; Alan Sauter, Defendants, William Wocken, City Administrator, City of Bismarck, Defendant/Appellant. Executive Air Taxi Corporation, a North Dakota Corporation, Plaintiff/Appellee, v. City of Bismarck, North Dakota, a municipal corporation; Mark Fetch; Dr. Steven J. Scherr, OnStar Management, Inc.; Timothy J. Thorsen, Airport Operations Manager; Gregory B. Haug, Airport Manager; Robert H. Simmers, Simson Investment Company; Bryce Hill, City Commissioner with Airport Portfolio; William Sorenson, Former Mayor, Defendants, Cook Leasing, Inc., Defendant/Appellant, Michael Aarestad, Aircraft Management Services, dba Aircraft Maintenance Services; Alan Sauter; William Wocken, City Administrator, City of Bismarck, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 4, 2008.

Attorney(s) appearing for the Case

Rex A. Hammarback, argued, East Grand Forks, MN (Matthew F. Shimanek, on the brief) for appellant.

Randall J. Bakke, argued, Bismarck, ND (Jonathan P. Sanstead and Tiffany L. Johnson, on the brief), for appellees Sauter, Fetch, Scherr and OnStar Management Inc.; (Gary Wolberg, on the brief), for appellees Simmers, Simson Investment Co., Aarestad and Aircraft Management Services; (Randall J. Bakke, Shawn Grinolds, on the brief), for appellees, City of Bismarck, ND.

Clark J. Bormann, argued, Bismarck, ND, for appellee Cook Leasing.

Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Executive Air Taxi Corporation ("EATC") appeals an adverse grant of summary judgment on its equal protection and substantive due process claims related to its activities at the Bismarck Municipal Airport ("BMA"). It also appeals certain discovery rulings. The City of Bismarck ("the City") and Cook Leasing, Inc., ("Cook") cross-appeal adverse summary judgment rulings on a contract claim and a motion...

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