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BARRICK REALTY, INCORPORATED v. CITY OF GARY, INDIANA

No. 73-1279.

491 F.2d 161 (1974)

BARRICK REALTY, INCORPORATED, et al., Plaintiffs-Appellants, v. CITY OF GARY, INDIANA, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1974.

Attorney(s) appearing for the Case

G. Edward McHie, Charles A. Myers, Hammond, Ind., for appellant.

Sylvia Drew, New York City, amicus curiae.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., for United States.

J. Robert Miertschin, Jr., Gary, Ind., Ivan E. Bodensteiner, Valparaiso University School of Law, Valparaiso, Ind., for defendants-appellees.

Before CUMMINGS, STEVENS and SPRECHER, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal involves the validity of ordinance No. 4685, adopted by the City of Gary, Indiana, on July 25, 1972, forbidding the use of "For Sale" signs in residential zones of that city. The plaintiffs are a Gary realty company, its president, and a homeowner who listed his home for sale by the other plaintiffs. They sought a permanent injunction against the enforcement of the ordinance and a declaratory judgment that it is unconstitutional...

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