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CITY OF CLEVELAND v. OHIO

No. 06-3611.

508 F.3d 827 (2007)

CITY OF CLEVELAND, Plaintiff-Appellant, v. State of OHIO; Ohio Department of Transportation, Defendants and Third Party Plaintiffs-Appellees, v. Federal Highway Administration, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2007.

Attorney(s) appearing for the Case

ARGUED: Pierre H. Bergeron, Squire, Sanders & Dempsey, Cincinnati, Ohio, for Appellant. John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellees. ON BRIEF: Pierre H. Bergeron, Ryan D. Walters, Squire, Sanders & Dempsey, Cincinnati, Ohio, for Appellant. John J. Stark, Assistant United States Attorney, Columbus, Ohio, for Appellees.

Before MERRITT and GRIFFIN, Circuit Judges; LAWSON, District Judge.

OPINION

DAVID M. LAWSON, District Judge.

The City of Cleveland, Ohio (the City) challenges a final decision by the Federal Highway Administration (FHWA) to withdraw federal funds from a public works project initiated by the City that was intended to improve the aesthetic appearance of a local thoroughfare. At the base of this dispute is a local ordinance known as the Lewis Law, which mandates that contractors employing Ohio workers on public projects for...

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