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CLEAR CHANNEL OUTDOOR, INC. v. TOWN BD. OF WINDHAM

No. 1:03-CV-463.

352 F.Supp.2d 297 (2005)

CLEAR CHANNEL OUTDOOR, INC. and William Herbert, Plaintiffs, v. The TOWN BOARD OF the TOWN OF WINDHAM and Hon. Dominck Caropresso, Town of Windham Code Enforcement Officer, Defendants.

United States District Court, N.D. New York.

January 5, 2005.

Attorney(s) appearing for the Case

Edward J. Carroll, Kingston, NY, for Plaintiffs.

Boeggman, George, Hodges & Corde, PC, Cynthia Dolan, of Counsel, White Plains, NY, Attorneys for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Clear Channel Outdoor, Inc. and William Herbert ("plaintiffs") commenced the instant action pursuant to 42 U.S.C. § 1983 arising out of defendants' alleged violation of plaintiffs' First Amendment rights. Plaintiffs moved for summary judgment pursuant to Fed.R.Civ.P. 56(a). Defendants, the Town Board of the Town of Windham (the "Town"...

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