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HEARTBEAT OF OTTAWA COUNTY v. CITY OF PORT CLINTON

No. 3:01CV7308.

207 F.Supp.2d 699 (2002)

HEARTBEAT OF OTTAWA COUNTY, INC., Plaintiff, v. CITY OF PORT CLINTON, et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

May 1, 2002.

Attorney(s) appearing for the Case

Robert T. Lynch, Lynch Legal Services, Cleveland Heights, for Heartbeat of Ottawa County, Inc., Plaintiffs.

James P. Silk, Jr., Spengler Nathanson, Toledo, for City of Port Clinton, Thomas M. Brown, Defendants.

ORDER

CARR, District Judge.

Plaintiff Heartbeat of Ottawa County ("Heartbeat") brings this action claiming a violation of its free speech and equal protection rights. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1343. Pending are cross motions for summary judgment. For the following reasons, Heartbeat's motion shall be granted with respect to its First Amendment claim, and defendants' motion shall be granted with

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