KIDWELL v. CITY OF UNION

No. 04-4153.

462 F.3d 620 (2006)

Ronald KIDWELL; Julie Johnson; and Charles Arnett, Plaintiffs-Appellants, v. CITY OF UNION; and John Applegate, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2006.


Attorney(s) appearing for the Case

ARGUED: Thomas W. Condit, Cincinnati, Ohio, for Appellants. Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellees. ON BRIEF: Thomas W. Condit, Cincinnati, Ohio, for Appellants. Lynnette P. Ballato, Tabitha D. Justice, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellees.

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


GIBBONS, J., delivered the opinion of the court, in which GRIFFIN, J., joined.

MARTIN, J. (pp. 626-637), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiffs-appellants, taxpayers in the City of Union, Ohio, sued the city and John Applegate, the City Manager, under 42 U.S.C. § 1983. Among other arguments, Plaintiffs claim that the defendants violated the First and Fourteenth Amendments by advertising...

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