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GRAFF v. CITY OF CHICAGO

No. 92-2352.

9 F.3d 1309 (1993)

Richard GRAFF, Plaintiff-Appellant, v. CITY OF CHICAGO, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 1993.

Attorney(s) appearing for the Case

Matthew J. Piers, Jonathan A. Rothstein (argued), Jennifer L. Fischer, Gessler, Flynn, Fleischmann, Hughes & Socol, Chicago, IL, for Richard Graff.

Eileen T. Pahl, Office of the Corp. Counsel, Chicago, IL, Ruth M. Moscovitch, Asst. Corp. Counsel, Bobbie McGee Gregg, Asst. U.S. Atty., Kelly R. Welsh, Asst. Corp. Counsel, Benna R. Solomon, Office of the Corp. Counsel, Appeals Div., Lawrence Rosenthal, Deputy County Counsel (argued), Deputy Corp. Counsel City of Chicago, Chicago, IL, for City of Chicago.

Jeffrey T. Kraus, William S. Ettelson, Altheimer & Gray, Chicago, IL, for amicus curiae Chicago Cent. Area Committee, Burnham Park Planning Bd., Cent. Michigan Avenue Business Assoc. and LaSalle Street Council, Inc.

Lawrence R. Levin, Damon E. Dunn, Levin & Funkhouser, Chicago, IL, for amicus curiae Chicago Sun-Times, Inc., Gannett Satellite Information Network, Inc. and Chicago Tribune Co.

Before POSNER, Chief Judge, and CUMMINGS, BAUER, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, and ROVNER, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

MANION, Circuit Judge.

For nearly seventy years a newsstand has stood in front of the City of Chicago Cultural Center (formerly the Chicago Public Library). The plaintiff, Richard Graff, has operated his newsstand there since July 1984, when he purchased the stand for over fifty thousand dollars. This case concerns a City of Chicago municipal ordinance designed to force newsstand operators, such as Graff, to either acquire a permit or face eviction. Chicago threatened...

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