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KLEIBER v. CITY OF IDAHO FALLS

No. 15758.

716 P.2d 1273 (1986)

110 Idaho 501

Norbert KLEIBER, Plaintiff-Appellant, Cross Respondent, v. CITY OF IDAHO FALLS, State of Idaho, a municipal corporation, Defendant-Respondent, Cross Appellant.

Supreme Court of Idaho.

Rehearing Denied April 23, 1986.

Attorney(s) appearing for the Case

Marc J. Weinpel and James F. Combo, Idaho Falls, for plaintiff-appellant, cross-respondent.

Allyn L. Sweeney and Gregory R. Giometti, Boise, for defendant-respondent, cross-appellant.

SHEPARD, Justice.

This is an appeal from a summary judgment dismissing the complaint of appellant Kleiber who sought damages under the theories of common law tort and a violation of his constitutional rights under 42 U.S.C. Section 1983 which allegedly resulted from the city's refusal to allow Kleiber to operate a mobile hot dog stand on the sidewalks of downtown Idaho Falls. We affirm.

In May 1982 Kleiber applied to the city of Idaho Falls for a business...

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