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CITY OF LAS VEGAS v. FOLEY

No. 84-7268.

747 F.2d 1294 (1984)

CITY of LAS VEGAS, Petitioner, v. Honorable Roger D. FOLEY, Judge of the United States District Court, District of Nevada, Respondent, and Lydo Enterprises, Inc., a Nevada corporation, dba Book City News Stand; Cinema Arts, Inc., a Nevada corporation, dba The Book Store; Fifteenth Street Theatre Corporation, a Nevada corporation, dba Erotic Cinemas 1 & 2; Central City News Company, a Delaware corporation, dba Downtown Book Store; Exterior News Company, a Delaware corporation, dba Denmark Book Store; Talk of the Town Bookstore, Inc., a Delaware corporation, dba Pearl Adult Bookstore, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1984.

Attorney(s) appearing for the Case

Janson F. Stewart, Las Vegas, Nev., for petitioner.

John H. Weston, Robert Sarno, Brown, Weston & Sarno, Beverly Hills, Cal., for respondent.

Before WRIGHT, CHOY, and POOLE, Circuit Judges.

POOLE, Circuit Judge:

This discovery dispute arose in connection with a constitutional challenge to a Las Vegas zoning ordinance which restricts the location of sexually oriented businesses. After the parties completed discovery, Lydo Enterprises, Inc., ("Lydo"), sought to reopen, arguing that this court's opinion in Tovar v. Billmeyer, 721 F.2d 1260 (9th Cir.1983), cert. denied, ___ U.S. ___, 105 S.Ct. 223, 83 L.Ed...

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