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UNITED STATES v. CITY OF BLUE ASH, OHIO

No. C-1-77-470.

487 F.Supp. 135 (1978)

UNITED STATES of America, Plaintiff, v. The CITY OF BLUE ASH, OHIO, the City Council of the City of Blue Ash, the Mayor of the City of Blue Ash, Raymond L. MacNab, the Solicitor for the City of Blue Ash, Robert T. McConaughy, Defendants.

United States District Court, S. D. Ohio, W. D.

February 7, 1978.

Attorney(s) appearing for the Case

Gerald F. Kaminski, Asst. U. S. Atty., Cincinnati, Ohio, Larry Moore, Dept. of Justice, Washington, D. C., for plaintiff.

Lawrence A. Kane, Jr., Cincinnati, Ohio, for defendants.

MEMO ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

HOGAN, District Judge.

This is an action brought by the United States to permanently enjoin the City of Blue Ash, Ohio and its officials from enforcing Section 99.03 (eff. September 15, 1977) of the Blue Ash Code of Ordinances and to declare that section invalid. The claim is that the area dealt with by the section has been preempted by the Federal Government under the Supremacy Clause, United States Constitution...

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