MEMORANDUM OPINION
BERTELSMAN, District Judge.
This matter is before the court on the defendant City of Cincinnati's motion to dismiss. (Doc. 15). The court held a hearing on this matter on Thursday, June 8, 2006. Bill Bristol represented the plaintiff, Peter Stackpole represented defendant City of Cincinnati, and Andrew Schaeffer represented defendant Cincinnati Bell Wireless. Official court reporter Joan Averdick recorded the proceedings.
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