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PONTI v. CITY OF MADISON

No. 70-C-211.

319 F.Supp. 446 (1970)

John PONTI and Alan Kutchera, a Limited Partnership d/b/a The Loading Zone, John Ponti, General Partner, and Roman J. Enders, d/b/a The Place, Plaintiffs, v. The CITY OF MADISON, as a municipal corporation of the State of Wisconsin, Eldon L. Hoel, as an individual and in his capacity as City Clerk, Leo J. Cooper, in his capacity as President of the City Council of the City of Madison and as an alderman and as an individual, and the following persons, in their individual capacities and as aldermen of the City of Madison, Dane County, Wisconsin, James P. Goulette et al., Defendants.

United States District Court, W. D. Wisconsin.

November 25, 1970.

Attorney(s) appearing for the Case

Bruce Protzmann, Madison, Wis., for plaintiffs.

Edwin C. Conrad, City Atty., Madison, Wis., for defendants.

JAMES E. DOYLE, District Judge.

The complaint in this action challenges the constitutionality of Section 9.10(10) (d) 11(a), (b), (c), and (d),1 and Section 9.11(10) (d) 9(a), (b), (c), and (d),2 of the General Ordinances of the City of Madison. Accompanying provisions of the City Ordinances provide a procedure by which the City Council may consider and act upon...

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