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BAMON CORP. v. CITY OF DAYTON

No. 90-3165.

923 F.2d 470 (1991)

BAMON CORPORATION, d/b/a McCook Theatre, an Ohio corporation, Plaintiff-Appellant, v. CITY OF DAYTON; Richard Clay Dixon, Mayor, City of Dayton; James Newby, Chief of Police of City of Dayton; City Council for the City of Dayton, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 17, 1991.

Attorney(s) appearing for the Case

Lee J. Klein (argued), Bradley J. Shafer, Daniel A. Pawluk, Klein & Shafer, Okemos, Mich., for plaintiff-appellant.

J. Anthony Sawyer, Kenneth Eugene Barden (argued), City of Dayton Dept. of Law, Dayton, Ohio, for defendants-appellees.

Before MARTIN and JONES, Circuit Judges, and ENGEL, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Bamon Corporation, which owns and operates the McCook Theatre, appeals the decision of the district court granting the City of Dayton's motion for summary judgment. Bamon Corp., d/b/a McCook Theatre v. City of Dayton, 730 F.Supp. 80 (S.D.Ohio 1990). For the reasons set forth in this opinion, we affirm.

On October 18, 1989, the city commission of Dayton, Ohio, passed an ordinance...

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