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WJW-TV, INC. v. CITY OF CLEVELAND

No. 88-3341.

878 F.2d 906 (1989)

WJW-TV, INC., Plaintiff-Appellee, v. CITY OF CLEVELAND, the City Council of the City of Cleveland; George L. Forbes, President of the City Council of the City of Cleveland; George V. Voinovich, Mayor, City of Cleveland, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 16, 1989.

Attorney(s) appearing for the Case

Michael T. McMenamin (argued), F. Wilson Chockley, Jr., Frederick W. Whatley, Roger W. Pryor, Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, for plaintiff-appellee.

Malcolm C. Douglas (argued), Office of the Director of Law, Cleveland, Ohio, for defendants-appellants.

David L. Marburger, Baker & Hostetler, Cleveland, Ohio, Bruce W. Sanford, Henry S. Hoberman, Baker & Hostetler, Washington, D.C., Thomas L. Chapple, Alice Neff Lucan, Gannett Company, Inc., Arlington, Va., amicus curiae.

Before KRUPANSKY and GUY, Circuit Judges; and MEREDITH District Judge.

PER CURIAM.

The City of Cleveland, the City Council and various officers of the city1 (referred to collectively as the city), defendants-appellants, have appealed from the decision of the United States District Court for the Northern District of Ohio, which granted summary judgment in favor of WJW-TV, Inc. (WJW), the plaintiff-appellee herein.

The record disclosed the following undisputed facts. At 10:00 a.m. on November 18, 1988...

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