Court of Appeals for the Eighth Circuit May 26, 2000, 99-1152 (Wax 'N Works v. City of St. Paul)

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Wax ’n Works appeals an order of the district court

1

that denied attorney’s fees

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after the court dismissed, for failure to state a claim, both counts in a lawsuit brought by Wax ’n Works. We affirm.

I.

In mid-1977, the city of St. Paul, Minnesota, exercised its power of eminent domain,

see

Minn.Stat.Ann. §§ 117.011-117.