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KARDULES v. CITY OF COLUMBUS

No. 94-3704.

95 F.3d 1335 (1996)

Cally KARDULES, Mayor, Village of New Albany, Ohio, et al., Plaintiffs, Emery Bennett; David Mango, Plaintiffs-Appellants, v. CITY OF COLUMBUS; James P. Joyce, Director, Department of Public Utilities; George J. Arnold, Director, Development Department, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1996.

Attorney(s) appearing for the Case

John S. Marshall (briefed), Spater, Gittes, Schulte & Kolman, Columbus, OH, Louis A. Jacobs, Upper Arlington, OH, Neil E. Klingshirn (argued and briefed), Fortney & Klingshirn, Akron, OH, Brent Patterson, New Albany, OH, for Plaintiffs-Appellants.

Ronald J. O'Brien (argued and briefed), City Attys. Office, Columbus, OH, for Defendants-Appellees.

Before: KEITH and BATCHELDER, Circuit Judges; ROSEN, District Judge.

ROSEN, D.J., delivered the opinion of the court, in which KEITH, J., joined.

BATCHELDER, J. (pp. 1356-59), delivered a separate opinion concurring in the result only.

ROSEN, District Judge.

Plaintiffs-Appellants Emery Bennett and David Mango appeal decisions of the District Court granting a motion by Defendants-Appellees City of Columbus, James P. Joyce and George J. Arnold for summary judgment, and denying...

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