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MELROSE, INC. v. CITY OF PITTSBURGH

No. 08-4425.

613 F.3d 380 (2010)

MELROSE, INC., Appellant v. CITY OF PITTSBURGH; City of Pittsburgh Zoning Board of Adjustment; Clifford B. Levine, Esq.; Regis D. Murrin, Esq.; Jesse W. Fife, Jr.

United States Court of Appeals, Third Circuit.

Filed July 20, 2010.

Attorney(s) appearing for the Case

Howard R. Lehman, Esq., (Argued), St. Pittsburgh, PA, for Appellant.

Lawrence H. Baumiller, Esq., (Argued), George R. Specter, Esq., City of Pittsburgh Department of Law, Pittsburgh, PA, for Appellees.

Before FUENTES and FISHER, Circuit Judges, and DIAMOND, District Judge.

OPINION OF THE COURT

FUENTES, Circuit Judge:

Melrose, Inc. ("Melrose") brought this action challenging the Pittsburgh Zoning Board's rejection of its applications to change the Identification Signs on five Pittsburgh buildings. The proposed building names included "wehirenurses.com building" and "palegalhelp.com." The Zoning Board determined that the signs were Advertising Signs and were therefore prohibited in the zoning districts where Melrose's

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