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FRANKO v. CITY OF CLEVELAND

Case No. 1:07CV547.

654 F.Supp.2d 711 (2009)

John Timothy FRANKO, Plaintiff, v. CITY OF CLEVELAND, Defendant.

United States District Court, N.D. Ohio, Eastern Division.

July 16, 2009.

Attorney(s) appearing for the Case

W. Craig Bashein, John P. Hurst, Bashein & Bashein, Patrick A. D'Angelo, Paul W. Flowers, Cleveland, OH, for Plaintiff.

Ernest L. Wilkerson, Jr., Kathryn M. Miley, Wilkerson & Associates, Cleveland, OH, for Defendant.

OPINION AND ORDER

CHRISTOPHER A. BOYKO, District Judge:

This matter comes before the Court upon the Motion (ECF DKT #51) for Summary Judgment of the City of Cleveland and the Plaintiff's Motion (ECF DKT #57) for Summary Judgment. For the following reasons, the Motion of Defendant City of Cleveland is granted in part and denied in part; and Plaintiff's Motion is denied.

I. FACTUAL BACKGROUND

Plaintiff, John Timothy Franko ...

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