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PLAIN DEALER PUB. CO. v. CITY OF LAKEWOOD

Nos. 84-3683, 84-3722.

794 F.2d 1139 (1986)

PLAIN DEALER PUBLISHING CO., Plaintiff-Appellant, Cross-Appellee, v. CITY OF LAKEWOOD, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1986.

Rehearing and Rehearing Denied September 26, 1986.

Attorney(s) appearing for the Case

James P. Garner (argued), Richard R. Hollington, Karen B. Newborn, Baker & Hostetler, Cleveland, Ohio, for plaintiff-appellant, cross-appellee.

Henry B. Fischer (argued), Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, John H. Gibbon, Frederick W. Whatley, for defendant-appellee, cross-appellant.

Before KEITH and KENNEDY, Circuit Judges, and UNTHANK, District Judge.

Rehearing and Rehearing En Banc Denied September 26, 1986.

KEITH, Circuit Judge.

Appellant Plain Dealer Publishing Company challenges the constitutionality of a municipal ordinance that regulates the placement of newspaper dispensing devices ("newsracks") on the city streets of Lakewood, Ohio. Plain Dealer filed the instant action against the City of Lakewood ("City") after being denied permission to place its newsracks...

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