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SAMBO'S RESTAURANTS, INC. v. CITY OF ANN ARBOR

No. 79-1338.

663 F.2d 686 (1981)

SAMBO'S RESTAURANTS, INC., and Sambar Properties, Inc., Plaintiffs-Appellants, v. The CITY OF ANN ARBOR; George W. Gardner and G. M. Scofield, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1981.

Attorney(s) appearing for the Case

Stephen E. Dawson, James A. Samborn, Dickinson, Wright, McKean, Cudlip & Moon, Detroit, Mich., for plaintiffs-appellants.

R. Bruce Laidlaw, City Atty., Ann Arbor, Mich., for defendants-appellees.

Before KEITH and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

This case raises novel freedom of speech issues regarding the standard for the waiver of first amendment rights and the scope of first amendment protection to be afforded "offensive" commercial speech. In 1971, Sambo's Restaurants, Inc., petitioned the City of Ann Arbor, Michigan, for site plan approval for construction of a Sambo's Restaurant. When the City Council balked at accepting the...

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