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SAVAGO v. VILLAGE OF NEW PALTZ

No. 1:02-CV-87.

214 F.Supp.2d 252 (2002)

Peter J. SAVAGO, Plaintiff, v. VILLAGE OF NEW PALTZ, Defendant.

United States District Court, N.D. New York.

July 3, 2002.

Attorney(s) appearing for the Case

Thornton, Bergstein & Ullrich, LLP, Stephen Bergstein, of counsel, Chester, NY, for Plaintiff.

Ainsworth, Sullivan, Tracy, Knauf, Warner and Ruslander, P.C., Maria C. Tebano, of counsel, Albany, NY, for Defendant.

MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

INTRODUCTION

In this action under 42 U.S.C. § 1983, plaintiff challenges a municipal sign ordinance as violative of the First Amendment. Defendant moves for dismissal under Fed. R.Civ.P. 12(b)(6). Plaintiff cross-moves for summary judgment under Fed.R.Civ.P. 56(c). For reasons stated below, the Court denies defendant's motion and grants plaintiff's cross motion.

COMPLAINT

...

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