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ELLER MEDIA COMPANY v. CITY OF CLEVELAND

No. 01-3946.

326 F.3d 720 (2003)

ELLER MEDIA COMPANY, Plaintiff-Appellee, v. CITY OF CLEVELAND, Ohio, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2003.

Attorney(s) appearing for the Case

Bruce O. Baumgartner, David L. Marburger (argued and briefed), Baker & Hostetler, Cleveland, Ohio, for Plaintiff-Appellee.

Frederick R. Nance (briefed), Steven A. Friedman (briefed), Squire, Sanders & Dempsey, Cleveland, Ohio, Ronald J. O'Leary (argued and briefed), City of Cleveland Law Department, Office of Director of Law, Cleveland, Ohio, for City of Cleveland.Mark D. Tucker (briefed), James F. DeLeone (briefed), Benesch, Friedlander, Coplan & Aronoff, Columbus, Ohio, for Ass'n of National Advertisers.

Before DAUGHTREY and GIBBONS, Circuit Judges; MILLS, District Judge.

OPINION

PER CURIAM.

In this appeal, the City of Cleveland asks us to uphold the validity of a municipal ordinance banning within city limits all billboard advertising of alcoholic beverages, except in certain instances and in restricted areas of Cleveland. Although the City claimed to be motivated by the entirely laudable goal of curbing underage drinking in the community, the plaintiff, Eller Media Company, successfully sued to enjoin implementation of...

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