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BERG v. HEALTH AND HOSP. CORP. OF MARION COUNTY, IND.

No. 87-2493.

865 F.2d 797 (1989)

Stanley BERG and Berg Investments, Inc., an Indiana Corporation d/b/a The Body Works, PFW, Inc., an Indiana Corporation, Plaintiffs-Appellants, v. The HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY, INDIANA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1989.

Attorney(s) appearing for the Case

Richard Kammen, McClure McClure & Kammen, Indianapolis, Ind., for plaintiffs-appellants.

Richard M. Knoth, Squire Sanders & Dempsey, Cleveland, Ohio, for defendant-appellee.

Before BAUER, Chief Judge, KANNE and MANION, Circuit Judges.

MANION, Circuit Judge.

Plaintiffs1 filed suit seeking a judgment declaring unconstitutional the "open booth" ordinance enacted by The Health and Hospital Corporation of Marion County, Indiana (HHC). On cross-motions for summary judgment, the district court upheld the ordinance. Berg v. Health and Hospital Corporation of Marion County, 667 F.Supp. 639 (S.D.Ind.1987). We affirm.

I.

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