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MR. FIREWORKS, INC. v. CITY OF DAYTON

No. CA 10795.

48 Ohio App. 3d 161 (1988)

MR. FIREWORKS, INC., APPELLEE, v. CITY OF DAYTON ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided June 3, 1988.

Attorney(s) appearing for the Case

Baker & Hostetler, Daniel G. Hale and Robert M. Kincaid, Jr., for appellee.

J. Anthony Sawyer, director of law, Arthur W. Harmon, Jr. and Steven R. Milby, for appellants.

WOLFF, J.

City of Dayton law enforcement personnel asked United Dairy Farmers stores to remove from their shelves all "sparklers" and "novelty and trick noisemakers," or the city would cite the stores for violation of Dayton R.C.G.O. Section 92.01 et seq., the Dayton Unified Fire Code. The plaintiff, Mr. Fireworks, Inc. ("Mr. Fireworks") is an Indiana corporation engaged in the wholesale distribution and retail sale of sparklers and noisemakers, and was the...

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