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R.C. MAXWELL CO. v. BOROUGH OF NEW HOPE

No. 83-1610.

735 F.2d 85 (1984)

The R.C. MAXWELL CO., Appellant, v. BOROUGH OF NEW HOPE, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 24, 1984.

Rehearing and Rehearing Denied July 3, 1984.

Attorney(s) appearing for the Case

David H. Moskowitz (argued), Moskowitz, Zamparelli & Weiss, P.C., Langhorne, Pa., for appellant.

David L. Shenkle (argued), Eastburn & Gray, Doylestown, Pa., for appellee.

Before HUNTER, BECKER, Circuit Judges, and HOFFMAN, District Judge.

Rehearing and Rehearing In Banc Denied July 3, 1984.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal involves the concern of an historic township with large outdoor billboards. The owner of the billboards, The R.C. Maxwell Co. ("Maxwell"), alleges that the New Hope Borough Council violated Maxwell's first amendment right to free speech by asking the owner of the billboards' site, Citibank, N.A. ("Citibank"), to

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