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WOODALL v. CITY OF EL PASO

Nos. 93-8674, 93-8739.

49 F.3d 1120 (1995)

Phyllis WOODALL, et al., Plaintiffs, Phyllis Woodall, et al., Plaintiffs-Appellees, v. The CITY OF EL PASO, et al., Defendants, The City of El Paso, Defendant-Appellant. Phyllis WOODALL, et al., Plaintiffs, Phyllis Woodall, Jeannie Coutta d/b/a the Naked Harem, Jedjo, Inc., SMD Enterprises, Inc., d/b/a The Lamplighter d/b/a Red Flame and Marc Diedrich, President, Plaintiffs-Appellants, v. The CITY OF EL PASO, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 14, 1995.

Attorney(s) appearing for the Case

Michael R. Gibson, El Paso, TX, for Phyllis Woodall in No. 93-8674.

Jack Burns, Charles Louis Roberts, El Paso, TX, for Marc Diedrich, et al. in No. 93-8674.

Jack R. Burns, Bellevue, WA, for appellants in No. 93-8739.

Eduardo Miranda, Cheryl Jackson, El Paso, TX, for City of El Paso, et al.

Before HIGGINBOTHAM, SMITH and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

At issue in this case is the constitutionality of the City of El Paso's (the City) zoning ordinances (the Ordinances) regulating sexually-oriented or adult businesses. Shortly after the City began enforcing the Ordinances, various adult businesses and adult business owners (the Adult Businesses) filed suit seeking damages and injunctive relief. After this case was tried, appealed, reversed, remanded, and retried, the jury returned...

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