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AMERICAN LEGION POST 7 v. CITY OF DURHAM

No. 00-1500

239 F.3d 601 (2001)

American Legion Post 7 of Durham, North Carolina, Plaintiff-Appellant, v. City of Durham, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 5, 2001

Attorney(s) appearing for the Case

ARGUED: James B. Craven, III, Durham, North Carolina, for Appellant. Karen Ann Sindelar, Assistant City Attorney for the City of Durham, Durham, North Carolina, for Appellee. ON BRIEF: Joseph H. Craven, Durham, North Carolina, for Appellant.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and Frank J. MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion, Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Senior Judge MAGILL joined.

OPINION

WILLIAMS, Circuit Judge:

Appellant, American Legion Post 7 of Durham, North Carolina, challenges the constitutionality of the City of Durham's zoning ordinance restricting the size of publicly displayed flags, signs, banners, and other visual displays.1 The district court granted summary...

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