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BANKS v. CITY OF WHITEHALL

No. 01-4155.

344 F.3d 550 (2003)

Stewart BANKS; Bambi Motel, Inc.; Richard H. Turner; P.T. Properties, Inc., Plaintiffs-Appellants, v. CITY OF WHITEHALL; Dennis J. Fennessey; John Wolf; Charles D. Underwood; Cathy Crandall; Tim Tilton, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2003.

Attorney(s) appearing for the Case

Ronald B. Noga, (argued and briefed), Weltman, Weinberg & Reis, Columbus, OH, Daniel J. Igoe, Columbus, OH, Alba L. Whiteside, Whiteside & Whiteside, Bexley, OH, for Plaintiffs-Appellants.

Steven Lee Smith (argued and briefed), Smith & Colner, Columbus, OH, for Defendants-Appellees.

Before: BATCHELDER and ROGERS, Circuit Judges; RUSSELL, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The plaintiffs appeal the district court's order granting summary judgment to the defendants in this action brought pursuant to 42 U.S.C. § 1983, claiming that the defendants, in the course of strictly enforcing local building and fire codes in the city, took the plaintiffs' property for public use without just compensation and enforced the law selectively in violation...

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