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WARREN v. CITY OF ATHENS, OHIO

No. 03-3580.

411 F.3d 697 (2005)

Charles W. WARREN; Ruth Warren, Plaintiffs-Appellees, v. CITY OF ATHENS, OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Brian M. Zets, Schottenstein, Zox & Dunn, Columbus, Ohio, for Appellant. Frederick M. Gittes, Gittes and Schulte, Columbus, Ohio, for Appellees. ON BRIEF: Frederick M. Gittes, Kathaleen B. Schulte, Gittes and Schulte, Columbus, Ohio, for Appellees.

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

OPINION

GIBBONS, Circuit Judge.

Plaintiffs-appellees Charles and Ruth Warren, owners and operators of a Dairy Queen in Athens, Ohio, sued the City of Athens ("City") and City Prosecutor William Biddlestone under 42 U.S.C. § 1983, alleging that the defendants violated the Warrens' constitutional rights by installing barricades that restricted access to the Dairy Queen. The Warrens sought declaratory and injunctive relief, and the district court permanently...

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