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

No. 03-4662.

393 F.3d 692 (2005)

D.A.B.E., INC., d/b/a Arnie's Saloon, et al., Plaintiffs-Appellants, v. CITY OF TOLEDO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 6, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard M. Kerger, Kerger & Kerger, Toledo, Ohio, for Appellants. Keith A. Wilkowski, Vassar, Dills & Dawson, Toledo, Ohio, for Appellee. ON BRIEF: Richard M. Kerger, Kimberly A. Donovan, Kerger & Kerger, Toledo, Ohio, for Appellants. Keith A. Wilkowski, Vassar, Dills & Dawson, Toledo, Ohio, for Appellee.

Before: MARTIN, COLE, and GIBBONS, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Appellants are a group of proprietors of bars, restaurants and bowling alleys, as well as an association of restaurant owners, all of whom operate within the City of Toledo, Ohio. Collectively, they comprise an organization called "D.A.B.E., Inc.," which filed suit against the City seeking a declaration that the City's amended "Clean Indoor Air Ordinance" is void and unenforceable, as well as a preliminary and permanent injunction...

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