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JOHNSON v. CITY AND COUNTY OF PHILADELPHIA

No. 10-4185.

665 F.3d 487 (2011)

Kenyatta JOHNSON, Individually and as a 2008 Democratic Party Primary Candidate for State Representative and Elector and on Behalf of All Citizens Within the 186th Legislative District of All Citizens of Philadelphia; Damon K. Roberts, Individually and as a 2007 Democratic Party Candidate for a Philadelphia City Council and Elector and on Behalf of All Citizens Within the Second Councilmanic District and all Citizens of Philadelphia, Appellants, v. CITY AND COUNTY OF PHILADELPHIA.

United States Court of Appeals, Third Circuit.

Filed: December 27, 2011.

Attorney(s) appearing for the Case

Lawrence M. Otter , [Argued], Doylestown, PA, for Appellants.

Craig R. Gottlieb , [Argued], Craig M. Straw , City of Philadelphia, Law Department, Philadelphia, PA, for Appellee.

Before: SCIRICA, SMITH, and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Kenyatta Johnson and Damon K. Roberts (collectively, "Appellants") appeal the District Court's grant of summary judgment for the City of Philadelphia (the "City"), contending the District Court erroneously concluded that a City ordinance prohibiting the posting of signs on street poles passes constitutional muster under the First, Fourteenth, and Twenty-Fourth Amendments of the United States Constitution. For the...

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