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United States Sixth Circuit


Pagan v. Fruchey, 04-4414

In an action against a town and police chief alleging that a section of the town's traffic code constitutes an unconstitutional restriction on commercial speech, specifically "For Sale" signs on cars, summary judgment for defendants is reversed as defendants failed to produce evidence that justifies the restrictions on commercial speech imposed by the ordinance.

Appellate Information

  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • Before:  BOGGS, Chief Judge;  MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Jeff Rowes, Institute for Justice, Arlington, Virginia, for Appellant.  John W. Hust, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.   ON BRIEF:  Jeff Rowes, Institute for Justice, Arlington, Virginia, William H. Mellor, Institute for Justice, Washington, D.C., for Appellant.  John W. Hust, Lawrence Edward Barbiere, Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio, for Appellees.
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