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LOMBARDO v. WARNER

No. 02-35269.

353 F.3d 774 (2003)

James LOMBARDO, Plaintiff-Appellant, v. Bruce WARNER, in his official capacity as Director of the Oregon Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2003.

Attorney(s) appearing for the Case

Alan R. Herson, Jacksonville, Oregon, for the Plaintiff-Appellant.

Janet A. Metcalf, Assistant Attorney General, Salem, Oregon, for the Defendant-Appellee.

Before: Betty B. FLETCHER, Warren J. FERGUSON, and A. Wallace TASHIMA, Circuit Judges.

Argued and Submitted June 2, 2003 — Seattle, Washington.

Opinion by Judge TASHIMA; Dissent by Judge B. FLETCHER.

OPINION

TASHIMA, Circuit Judge:

James Lombardo appeals the dismissal of his First Amendment and Due Process challenges to the highway billboard provisions of the Oregon Motorist Information Act ("OMIA"). He seeks declaratory and injunctive relief on two grounds: (1) that the OMIA is a content-based regulation that favors...

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