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TUCKER v. CITY OF FAIRFIELD, OHIO

No. 03-4508.

398 F.3d 457 (2005)

Lynn D. TUCKER, Jr., et al. Plaintiffs-Appellees, v. CITY OF FAIRFIELD, Ohio, et al. Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 11, 2005.

Attorney(s) appearing for the Case

John H. Clemmons, Millikin & Fitton, Fairfield, Ohio, for Appellants.

David M. Cook, Law Office of David M. Cook, Cincinnati, Ohio, for Appellees.

John H. Clemmons, Thomas A. Dierling, Millikin & Fitton, Fairfield, Ohio, Wilson G. Weisenfelder, Jr., Laura I. Munson, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, for Appellants.

David M. Cook, Robert E. Rickey, Stephen A. Simon, Law Office of David M. Cook, Cincinnati, Ohio, for Appellees.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

MARTIN, Jr., J., delivered the opinion of the court, in which MOORE, J., joined. KENNEDY, J. (pp. 464-69), delivered a separate dissenting opinion.

BOYCE F. MARTIN, Circuit Judge.

The City of Fairfield appeals the district court's grant of a preliminary injunction prohibiting the City on First Amendment grounds from enforcing a municipal ordinance against Lynn Tucker, Jr. and other members of his union in their use...

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