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OUTDOOR MEDIA GROUP, INC. v. CITY OF BEAUMONT

No. 05-56620.

506 F.3d 895 (2007)

OUTDOOR MEDIA GROUP, INC., a California Corporation, Plaintiff-Appellant, v. CITY OF BEAUMONT, a California Charter City, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 1, 2007.

Attorney(s) appearing for the Case

Jeffrey A. Tidus and Henry H. Gonzalez, Baute & Tidus, Los Angeles, CA, for the appellant.

Randal R. Morrison, Sabine and Morrison, San Diego, CA, for the appellee.

Before: CYNTHIA HOLCOMB HALL and CONSUELO M. CALLAHAN, Circuit Judges, and LYLE E. STROM, District Judge.

Opinion by Judge HALL; Partial Concurrence and Partial Dissent by Judge CALLAHAN.

HALL, Senior Circuit Judge:

Outdoor Media Group appeals the district court's dismissal of its 42 U.S.C. § 1983 complaint under Federal Rule of Civil Procedure 12(b)(6). Outdoor Media asserts that the City of Beaumont's billboard ordinance violates the First and Fourteenth Amendments. Beaumont repealed the challenged ordinance and replaced it with a new ordinance that specifically...

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