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LEONARDSON v. CITY OF EAST LANSING

No. 89-1055.

896 F.2d 190 (1990)

Dave LEONARDSON, Terrance Barrett, Paul Kupperman, individuals living in a Police Zone established by the City of East Lansing, MI, Plaintiffs-Appellants, v. CITY OF EAST LANSING, John B. Czarnecki, Mayor; Joan B. Hunault, Mayor Pro-Tem; Liz Schweitzer, Ralph Monsma, David L. Balas, Council Members; Robert Foster, Police Chief; Tom Dority, City Manager; all of the City of East Lansing individually and in their representative capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1990.

Attorney(s) appearing for the Case

Dorean M. Koenig (argued), T.M. Cooley Law School, Lansing, Mich., for plaintiffs-appellants.

Thomas M. Hitch (argued) and Dennis E. McGinty, East Lansing, Mich., for defendants-appellees.

Before MARTIN and NORRIS, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Plaintiffs-appellants, Leonardson, Barrett and Kupperman, appeal the district court's judgment granting defendants-appellees', the City of East Lansing's, motion for summary judgment that Ordinance 653 is constitutional and not preempted by the Governor's Emergency Powers Act, Mich.Comp.Laws Ann. § 10.31 et seq. For the following reasons, the judgment of the district court is affirmed in part and reversed in part.

I.

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