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HASKELL v. WASHINGTON TP.

No. 87-3927.

864 F.2d 1266 (1988)

W. Martin HASKELL, M.D., Plaintiff-Appellant, v. WASHINGTON TOWNSHIP; Walter A. Buchanan, Trustee, Washington Township Board of Trustees, Individually and in his Official Capacity; Russell W. Miller, Trustee, Individually and in his Official Capacity; Ron Smith, Zoning Inspector, in his Official Capacity; Gary Huff (Director of Development and Zoning), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1988.

Attorney(s) appearing for the Case

John A. Cumming, Coolidge, Wall, Womsley & Lombard, Dayton, Ohio, Roy Lucas (argued), Cincinnati, Ohio, for plaintiff-appellant.

John R. Koverman, Jr. (argued), Patrick K. Smith, Dayton, Ohio, for defendants-appellees.

Before MERRITT, MARTIN and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

Plaintiff-appellant W. Martin Haskell, M.D., appeals from the judgment of the district court dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case involves a long history of Haskell's unsuccessful attempts to open a clinic in Washington Township, Ohio ("the Township") where outpatient surgery and abortions would be performed. The principal issues on appeal are (1) whether the district court erred in holding that...

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