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MASON CITY CTR. ASSOC. v. CITY OF MASON CITY

No. C 78-106.

468 F.Supp. 737 (1979)

MASON CITY CENTER ASSOCIATES and Beaver Farms, Inc., Plaintiffs, v. The CITY OF MASON CITY, IOWA, Kenneth Kew, Virgil DeVary, Dr. Stanley Romans, Marlys Shima, Roger Pedelty, Larry Jarvill, Harlan Johnson, Holmen Development Company and the Ericson Development Co., Inc., Defendants.

United States District Court, N. D. Iowa, Cedar Rapids Division.

April 5, 1979.

Attorney(s) appearing for the Case

Stephen J. Holtman, Simmons, Perrine, Albright & Ellwood, Cedar Rapids, Iowa, George F. Karch, Jr., Thomas J. Collin, Thompson, Hine & Flory, Cleveland, Ohio, for plaintiffs.

B. Michael Dunn, Mason City, Iowa, Stuart L. Finney, Minneapolis, Minn., for defendants; H. Richard Smith, Paul F. Ahlers, Edward W. Remsburg, James E. Cooney, Des Moines, Iowa, of counsel.

ORDER

McMANUS, Chief Judge.

This matter is before the court on defendants' resisted joint motion to dismiss for failure to state a claim, filed January 15, 1979. Denied.

This action for injunctive relief and damages is predicated upon alleged antitrust violations.1 Plaintiffs are Mason City Center Associates (Center Associates), an Ohio limited partnership engaged in the organization and planning of a regional shopping...

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