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MALDONADO v. KEMPTON

No. C 02 03167 CRB.

422 F.Supp.2d 1169 (2006)

Nano MALDONADO, Plaintiff, v. Will KEMPTON, in his capacity as Director of the California Department of Transportation, Defendant.

United States District Court, N.D. California.

March 23, 2006.

Attorney(s) appearing for the Case

Dennis Scott Zell, Janet Fogarty & Associates, Burlingame, CA, for Plaintiff.

Daniel P. Weingarten, California Department of Transportation, Legal Division, Antonio R. Anziano, Barbara J. Wills, Bruce A. Behrens, David Gossage, State of California, Department of Transportation, San Francisco, CA, for Defendant.

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

BREYER, District Judge.

In this section 1983 action plaintiff alleges that California's Outdoor Advertising Act ("the Act" or "COAA") violates the First Amendment on its face. Now pending before the Court are the parties' crossmotions for summary judgment. Having reviewed the memoranda submitted by the parties, and having had the benefit of oral argument, the Court DENIES defendant's motion for summary...

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