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CADY v. CITY OF CHICAGO

No. 93-3280.

43 F.3d 326 (1994)

David CADY, Plaintiff-Appellant, v. CITY OF CHICAGO, David R. Mosena, in his official capacity as Commissioner of the Department of Aviation of the City of Chicago, Archdiocese of Chicago, and Father John J. Jamnicky, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 28, 1994.

Attorney(s) appearing for the Case

Mary L. Boelcke; Michael Null, Reed Lee, and Deidre Baumann (argued), Null & Associates, Chicago, IL, for plaintiff-appellant.

Lawrence Rosenthal, Deputy Corp. Counsel, Kelly R. Welsh, ACC, Asst. Corp. Counsel, Mary F. Harkenrider, Benna R. Solomon, Anita K. Modak-Truran, Julian Henriques (argued), Susan S. Sher, Office of the Corp. Counsel, Appeals Div.; and James A. Serritella, Edward X. Clinton and James C. Geoly (argued), Mayer, Brown & Platt, Chicago, IL, for defendants-appellees.

Before POSNER, Chief Judge, and CUDAHY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

David Cady brought an action under 42 U.S.C. § 1983 against the City of Chicago, the commissioner of the City's Department of Aviation, the Archdiocese of Chicago and the chaplain of the O'Hare Airport Chapel, Reverend John J. Jamnicky, for violations of his First and Fourteenth Amendment rights. He alleged that the defendants imposed unconstitutional prior restraints on his access to a public forum, a literature rack located...

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