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CLEVELAND AREA BD. OF REALTORS v. CITY OF EUCLID

No. 93-4209.

88 F.3d 382 (1996)

CLEVELAND AREA BOARD OF REALTORS, et al., Plaintiffs-Appellees, v. The CITY OF EUCLID, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1996.

Rehearing and Suggestion for Rehearing Denied September 19, 1996.

Attorney(s) appearing for the Case

Arthur M. Kaufman (briefed), Robert J. Fogarty (argued), and Robert Kochis, Hahn, Loeser & Parks, Cleveland, OH, for plaintiff-appellee.

Richard A. Wiegand (argued and briefed), City of Euclid, OH, for defendant-appellant.

Before: KENNEDY and DAUGHTREY, Circuit Judges; CLELAND, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 19, 1996.

DAUGHTREY, J., delivered the opinion of the court, in which CLELAND, J., joined. KENNEDY, J. (pp. 391-92), delivered a separate opinion concurring in part and dissenting in part.

DAUGHTREY, Circuit Judge.

The defendant, the City of Euclid, Ohio, appeals from the district court's judgment in an action filed by the Cleveland Area Board of Realtors that challenged the validity of...

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