CHESAPEAKE B & M, INC. v. HARFORD COUNTY, MD.

No. 94-1270.

58 F.3d 1005 (1995)

CHESAPEAKE B & M, INCORPORATED, t/a Highway Craft, Gift & Book Store, Plaintiff-Appellant, v. HARFORD COUNTY, MARYLAND, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 1995.


Attorney(s) appearing for the Case

ARGUED: Howard J. Schulman, Baltimore, MD, for appellant. Diane Theresa Swint, Harford County Dept. of Law, Bel Air, MD, for appellee. ON BRIEF: Jefferson L. Blomquist, Harford County Dept. of Law, Bel Air, MD, for appellee.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Reversed in part, vacated in part, and remanded by published opinion. Circuit Judge MICHAEL wrote the majority opinion, in which Chief Judge ERVIN and Judges MURNAGHAN, WILKINSON, WILKINS, HAMILTON, LUTTIG, WILLIAMS and MOTZ joined. Judge NIEMEYER wrote a dissenting opinion, in which Judges RUSSELL and WIDENER and Senior Judge CHAPMAN joined.

OPINION

MICHAEL, Circuit Judge:

This 42 U.S.C. § 1983 case involves an adult bookstore's First and Fourteenth...

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