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O'CONNOR v. CITY AND COUNTY OF DENVER

No. 87-2434.

894 F.2d 1210 (1990)

Dennis O'CONNOR and United Theaters Incorporated, d/b/a Empress Theater, 111 South Broadway, Inc., d/b/a After Dark and Matties Theatre, Plaintiffs-Appellants, v. The CITY AND COUNTY OF DENVER, an incorporated municipality; L. Bellio; Dean Jones; Dale Wallis; Steve Rosengren; Mark Leone; and Terry Ball, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 12, 1990.

Attorney(s) appearing for the Case

Michael W. Gross of Arthur M. Schwartz, P.C., Denver, Colo., for plaintiffs-appellants.

Stan M. Sharoff, Asst. City Atty. (Stephen H. Kaplan, City Atty., with him on the brief), Denver, Colo., for defendants-appellees.

Before BALDOCK and BRORBY, Circuit Judges, and WRIGHT, Senior Circuit Judge.

BRORBY, Circuit Judge.

Pursuant to 42 U.S.C. §§ 1983 and 1988 (1982) Dennis O'Connor (O'Connor); United Theaters Incorporated, d/b/a Empress Theater (the Empress); and 111 South Broadway, Inc., d/b/a After Dark and Matties Theatre (the After Dark) (the Empress and the After Dark are referred to jointly as the Theatres) sought declaratory and injunctive relief against the enforcement of Denver Municipal Code §§ 7-11 through 7-40 (the Code) pertaining...

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