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BENCH BILLBOARD CO. v. CITY OF CINCINNATI

No. 10-3750.

675 F.3d 974 (2012)

BENCH BILLBOARD COMPANY, Plaintiff-Appellant, v. CITY OF CINCINNATI, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 10, 2012.

Attorney(s) appearing for the Case

ARGUED: Eric C. Holzapfel , The Drew Law Firm Co., LPA, Cincinnati, Ohio, for Appellant. Richard Ganulin , City Solicitor's Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Eric C. Holzapfel , Robert M. Smyth , The Drew Law Firm Co., LPA, Cincinnati, Ohio, for Appellant. Richard Ganulin , City Solicitor's Office, Cincinnati, Ohio, for Appellee.

Before: MERRITT and COLE, Circuit Judges; VARLAN, District Judge.

OPINION

THOMAS A. VARLAN, District Judge.

This case arises out of Bench Billboard Company's desire to place its advertising benches on private property and in the public rights-of-way in the City of Cincinnati (the "City"). Bench Billboard Company ("Bench Billboard") first sued the City in 1993, challenging the legality of the City's ordinances limiting Bench Billboard's ability to place its advertising benches in the public rights-of-way and on private...

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