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153216P.pdf   09/06/2016  American Family Insurance  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  15-3216
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Shepherd, Author, with Murphy, Circuit Judge, and Perry, District Judge] Civil case - Insurance. Following a water main break which damaged an apartment building, the City paid claimants, both natural persons and business entities, where insurance did not cover the loss and denied claims made by insurance companies based on losses suffered by their insureds; the two classes were not similarly situated, and the City's decision not to pay the insurers did not violate their Equal Protection rights; even if the insurers were similarly situated, the City's decision was rationally related to a legitimate government interest in protecting the welfare of the City's residents; because the insurers did failed to pursue the available mandamus action in state court, their federal and state takings claims were not ripe for review and were properly dismissed without prejudice. Judge Murphy, concurring.