Mehlar Corp. v. City of St. Louis, Mo., 81-0671C(4).
| Court | United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri) |
| Writing for the Court | HUNGATE |
| Citation | 530 F. Supp. 85 |
| Parties | MEHLAR CORPORATION, Plaintiff, v. CITY OF ST. LOUIS, MISSOURI, et al., Defendants. |
| Docket Number | No. 81-0671C(4).,81-0671C(4). |
| Decision Date | 28 December 1981 |
530 F. Supp. 85
MEHLAR CORPORATION, Plaintiff,
v.
CITY OF ST. LOUIS, MISSOURI, et al., Defendants.
No. 81-0671C(4).
United States District Court, E. D. Missouri, E. D.
December 28, 1981.
Mortimer A. Rosecan, Rosecan & Kimbrell, St. Louis, Mo., Harold R. Farrow, Thomas A. Seaton, Richard D. Harmon, Farrow, Schildhause & Wilson, Oakland, Cal., for plaintiff.
James J. Wilson, John J. FitzGibbon, Thomas J. Ray, Michael E. Hughes, Robert H. Dierker, Jr., Francis M. Oates, Edward J. Hanlon, Associate Asst. City Counselors, David W. Harlan, Guilfoil, Symington, Petzall & Shoemake, St. Louis, Mo., for defendants.
MEMORANDUM
HUNGATE, District Judge.
This matter is before the Court on the parties' separate pretrial motions.
Defendant City of St. Louis and defendant Management and Research Consultants, Inc., separately move to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
In support of their motions to dismiss, the parties have presented matters outside the pleadings. These matters are excluded by the Court, and are thus not considered on the motions to dismiss. Rule 12, Fed.R.Civ.P.
Although the complaint contains eleven legal theories which purport to entitle plaintiff to relief, the gravamen of the complaint is that defendants have deprived plaintiff of its rights under St. Louis City Ordinance 55312. This ordinance was approved on April 10, 1969, and granted plaintiff the nonexclusive right to operate a cable television system within the boundaries of the City of St. Louis for twenty-five years.
The Court takes judicial notice of the order, judgment, and decree entered by the Circuit Court of the City of St. Louis in State of Missouri, Ex. Inf. George Peach, Circuit Attorney, Ex. Rel. City of St. Louis v. Mehlar Corporation, No. 814-00136 (September 2, 1981), notice of appeal filed, No. 44913 (Mo.App., Sept. 29, 1981). See 5 Wright & Miller, Federal Practice and Procedure § 1357. The Circuit Court of the City of St. Louis there adjudged that Mehlar Corporation "failed to comply with the terms and conditions set out in former Ordinance 55312" and "therefore forfeited all rights, privileges and franchises thereunder to the State."
Thus, a Missouri court has determined that plaintiff is not entitled to the rights which, in the case before this Court, are claimed to have been violated by defendants.
Applying principles of comity, stare decisis, and res judicata, this Court concludes that...
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Briggs v. Newberry County School Dist., Civ. A. No. 8:92-0179-3.
...collateral estoppel, a court may judicially notice facts from a prior judicial proceeding. Mehlar Corp. v. City of St. Louis, Missouri, 530 F.Supp. 85 (E.D.Mo. 1981) (dismissing an action on a Rule 12(b)(6) motion on the basis of res The record of the prior administrative and state court he......
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United States ex rel. Simmons v. Smith, Civ. A. No. 85-0698-H.
...outside the pleadings are not considered on a motion to dismiss. Rule 12, Fed.R.Civ.P., see Mehlar Corp. v. City of St. Louis, Mo., 530 F.Supp. 85 (E.D.Mo. II. Title 31, Section 3729 of the United States Code provides in relevant part as follows: "A person ... is liable to the United States......
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Briggs v. Newberry County School Dist., Civ. A. No. 8:92-0179-3.
...collateral estoppel, a court may judicially notice facts from a prior judicial proceeding. Mehlar Corp. v. City of St. Louis, Missouri, 530 F.Supp. 85 (E.D.Mo. 1981) (dismissing an action on a Rule 12(b)(6) motion on the basis of res The record of the prior administrative and state court he......
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United States ex rel. Simmons v. Smith, Civ. A. No. 85-0698-H.
...outside the pleadings are not considered on a motion to dismiss. Rule 12, Fed.R.Civ.P., see Mehlar Corp. v. City of St. Louis, Mo., 530 F.Supp. 85 (E.D.Mo. II. Title 31, Section 3729 of the United States Code provides in relevant part as follows: "A person ... is liable to the United States......