UNITED STATES COURT of APPEALS COUNSEL for the SIXTH CIRCUIT ARGUED: Donald L
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 2 Martingale LLC, et al. v. City of No. 02-5895 ELECTRONIC CITATION: 2004 FED App. 0080P (6th Cir.) Louisville, et al. File Name: 04a0080p.06 _________________ UNITED STATES COURT OF APPEALS COUNSEL FOR THE SIXTH CIRCUIT ARGUED: Donald L. Cox, LYNCH, COX, GILMAN & _________________ MAHAN, Louisville, Kentucky, for Appellants. John L. Tate, STITES & HARBISON, Louisville, Kentucky, for MARTINGALE LLC; BRIDGE X Appellees. ON BRIEF: Donald L. Cox, William H. THE GAP, INC., - Mooney, LYNCH, COX, GILMAN & MAHAN, Louisville, - Plaintiffs-Appellants, Kentucky, Theodore L. Mussler, Jr., MUSSLER & - No. 02-5895 ASSOCIATES, Louisville, Kentucky, for Appellants. John - L. Tate, Emily R. Hartlage, STITES & HARBISON, v. ,> Louisville, Kentucky, for Appellees. - CITY OF LOUISVILLE; - _________________ - WATERFRONT DEVELOPMENT OPINION CORPORATION, - - _________________ Defendants-Appellees. - N JAMES S. GWIN, District Judge. In this case, Martingale, LLC (“Martingale”) and Bridge the Gap, Inc. (“Bridge the Appeal from the United States District Court Gap”) appeal the district court’s ruling permitting the City of for the Western District of Kentucky at Louisville. Louisville (“City”) and the Waterfront Development No. 01-00255—Charles R. Simpson, III, District Judge. Corporation to condemn a structure known as the Big Four Bridge. The Big Four Bridge connects Jeffersonville, Indiana Argued: October 22, 2003 with Louisville, Kentucky. The City and the Waterfront Development Corporation wish to use the bridge as part of a Decided and Filed: March 17, 2004 public park, but Martingale and Bridge the Gap contend that the City has no legal power to condemn the bridge. Before: BOGGS, Chief Judge; GIBBONS, Circuit Judge; GWIN, District Judge.* For the following reasons, the district court’s decision is AFFIRMED.
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