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METRO DISPLAY ADVERTISING v. CITY OF VICTORVILLE

No. 96-55317.

143 F.3d 1191 (1998)

METRO DISPLAY ADVERTISING, INC., a California Corporation, Plaintiff-Appellee, v. CITY OF VICTORVILLE, a California Municipal Corporation; Terry Caldwell, Mayor; Felix Diaz, Councilman; Guy Patterson, Councilman; Individually and in Their Respective Official Capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1998.

Attorney(s) appearing for the Case

Christopher W. Garrett, Latham & Watkins, San Diego, California, for defendants-appellants.

Paul E. Fisher, Fisher & Delsack, Newport Beach, California, for plaintiff-appellee.

Before: BROWNING and KLEINFELD, Circuit Judges, and MERHIGE, District Judge.

KLEINFELD, Circuit Judge:

This is a qualified immunity claim by municipal officials relating to censorship of posters in bus shelters. The district judge wrote a sound and well articulated decision with which we agree.

Facts.

This is an appeal from denial of a motion to dismiss for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6), so we assume for purposes of decision that the facts are as stated in the complaint. The facts...

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