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BURKHART ADVERTISING, INC. v. CITY OF AUBURN, IND.

Civ. No. 90-9.

786 F.Supp. 721 (1991)

BURKHART ADVERTISING, INC., et al., Plaintiffs, v. CITY OF AUBURN, INDIANA et al., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

December 19, 1991.

Attorney(s) appearing for the Case

Bruce O. Boxberger, John J. Wernet, T. Dean Swihart, Fort Wayne, Ind., for plaintiffs.

Kevin L. Likes, Asst. Auburn City Atty., Auburn, Ind., for defendants.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on cross motions for summary judgment. The issues have been fully briefed. For the following reasons the plaintiffs' motion for summary judgment will be granted in part and denied in part. Defendants' motion for summary judgment will be denied in part and granted in part.

SUMMARY JUDGMENT

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories...

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