No. 08-1894.

600 F.3d 992 (2010)

Douglas R. KNUTSON; Linda F. Knutson, Appellants, v. CITY OF FARGO, a municipal corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 12, 2010.

Attorney(s) appearing for the Case

Jonathan T. Garaas I, argued, Fargo, ND, for appellant.

Mike J. Miller, argued (Stacey T. Bossart, on the brief), Fargo, ND, for appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

BOWMAN, Circuit Judge.

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.

On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under state-law legal theories of inverse condemnation...

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