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BENCH BILLBOARD COMPANY v. CITY OF TOLEDO

Case No. 3:07CV2027.

690 F.Supp.2d 651 (2010)

BENCH BILLBOARD COMPANY, Plaintiff. v. CITY OF TOLEDO, Defendant.

United States District Court, N.D. Ohio, Western Division.

March 3, 2010.

Attorney(s) appearing for the Case

William H. Heywood, III, Shumaker, Loop & Kendrick, Toledo, OH, Eric C. Holzapfel, Drew & Ward, Cincinnati, OH, for Plaintiff, Bench Billboard Company.

John T. Madigan, Keith J. Winterhalter, Mark S. Schmollinger, Department of Law, One Government Center, Toledo, OH, for Defendant, City of Toledo.

ORDER

JAMES G. CARR, Chief Judge.

This is a case about the regulation of courtesy bus stop benches. Plaintiff Bench Billboard Company alleges under 42 U.S.C. § 1983 that defendant City of Toledo's ordinance governing courtesy benches violates its right to freedom of speech, equal protection and due process. Plaintiff also asserts a cause of action under Ohio common law for tortious interference with prospective economic advantage. Plaintiff seeks declaratory...

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