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EJS PROPERTIES, LLC v. CITY OF TOLEDO

No. 10-4471.

689 F.3d 535 (2012)

EJS PROPERTIES, LLC, Plaintiff-Appellant, v. CITY OF TOLEDO; Robert McCloskey, an individual, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Timothy M. Rastello , Holland & Hart LLP, Denver, Colorado, for Appellant. Adam W. Loukx , City of Toledo Department of Law, Toledo, Ohio, Jay E. Feldstein , Kalniz, Iorio & Feldstein, Co., LPA, Toledo, Ohio, for Appellees. ON BRIEF: Timothy M. Rastello , Peter C. Houtsma , Holland & Hart LLP, Denver, Colorado, Cary Cooper , Cooper & Walinski, LPA, Toledo, Ohio, for Appellant. Adam W. Loukx , City of Toledo Department of Law, Toledo, Ohio, Jay E. Feldstein , Edward J. Stechschulte , Kalniz, Iorio & Feldstein, Co., LPA, Toledo, Ohio, for Appellees.

Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case comes before us following a partial grant of summary judgment. The district court certified its summary-judgment order as final under Federal Rule of Civil Procedure 54(b) by stamping "granted" on the plaintiff's motion for Rule 54(b) certification. Because the district court never expressly determined that there was no just reason for delay, there is no...

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