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D.A.B.E., INC. v. CITY OF TOLEDO

No. 3:03CV7637.

292 F.Supp.2d 968 (2003)

D.A.B.E., INC., et al., Plaintiffs, v. CITY OF TOLEDO, Defendant.

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

November 19, 2003.

Attorney(s) appearing for the Case

Kimberly A. Donovan, Kerger & Kerger, Richard M. Kerger, Kerger & Kerger, Stephen D. Hartman, Kerger & Kerger, Toledo, OH, for Plaintiffs.

Adam W. Loukx, City of Toledo, Department of Law, Keith A. Wilkowski, Vassar, Dills & Dawson, Toledo, OH, for Defendant.

ORDER

CARR, District Judge.

This case arises from passage by the City Council of Toledo, Ohio, of "The Clean Indoor Air Ordinance of 2003." Plaintiffs, owners of restaurants and bars in Toledo, challenge the legality of the ordinance. This Court has jurisdiction pursuant to 28 U.S.C. § 1331.

Pending is plaintiffs' motion for a preliminary injunction. For the reasons that follow, the motion will be denied.

Toledo City Council adopted...

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