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WHEELER v. COMMISSIONER OF HIGHWAYS, COM. OF KY.

No. 86-5423.

822 F.2d 586 (1987)

James E. WHEELER, Nora L. Wheeler, and Sharon Carmichael, Plaintiffs-Appellees, v. COMMISSIONER OF HIGHWAYS, COMMONWEALTH OF KENTUCKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 22, 1987.

Rehearing Denied August 4, 1987.

Attorney(s) appearing for the Case

William H. Wallace (argued), Louisville, Ky., for defendant-appellant.

Theodore H. Amshoff, Jr. (argued), Louisville, Ky., Richard L. Masters, for plaintiffs-appellees.

James E. Wheeler, pro se.

Lewis G. Benham, Louisville, Ky., for J. Wheeler.

Bert. T. Combs, Sheryl G. Snyder, William H. Hollander, Wyatt, Tarrant and Combs, Louisville, Ky., for amicus curiae, Outdoor Advertising Assc., of Kentucky, Inc.

John F. Daly (argued), John F. Cordes, U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., for amicus curiae, the U.S.

Before KENNEDY, RYAN and NORRIS, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Appellees challenged the constitutionality, on first and fourteenth amendment grounds, of the Kentucky Billboard Act, Ky.Rev.Stat.Ann. §§ 177.830-177.890 (Baldwin 1985) ("Billboard Act"), and the Kentucky regulations implementing this statute. 603 Ky.Admin.Regs. 3:010 (1975). The District Court held that the Billboard Act and regulations were unconstitutional on their face because they discriminated against non-commercial...

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