MILLER v. CIVIL CITY OF SOUTH BEND

Nos. 88-3006, 88-3244.

904 F.2d 1081 (1990)

Darlene MILLER and JR's Kitty Kat Lounge, Inc., an Indiana Corporation; and Glen Theatre, Inc., an Indiana Corporation, Gayle Sutro, and Carla Johnson, Plaintiffs-Appellants, v. CIVIL CITY OF SOUTH BEND, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Reargued January 31, 1990.

Decided May 24, 1990.

As Amended May 24, 1990.


Attorney(s) appearing for the Case

Charles A. Asher, South Bend, Ind. and Lee J. Klein, Durand, Mich., for plaintiffs-appellants.

William E. Daily, Asst. Atty. Gen., Arthur T. Perry, Wayne E. Uhl, Deputy Attys. Gen., Office of the Atty. Gen., Indianapolis, Ind., and Robert C. Rosenfeld, South Bend, Ind., for defendants-appellees.

Before BAUER, Chief Judge, CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.


Reargued En Banc January 31, 1990.

FLAUM, Circuit Judge, joined by BAUER, Chief Judge, CUMMINGS, HARLINGTON WOOD, Jr., CUDAHY, POSNER and RIPPLE, Circuit Judges.

In this case we are asked to reconsider our unanimous decision in Miller v. Civil City of South Bend, 887 F.2d 826 (7th Cir.1989) in which we held that Indiana's Public Indecency statute, IND.CODE 35-45-4-1...

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