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FLY FISH, INC. v. CITY OF COCOA BEACH

No. 02-14156.

337 F.3d 1301 (2003)

FLY FISH, INC., a Florida corporation, d.b.a. Sassy Merlot's 2, Plaintiff-Appellant-Cross-Appellee, v. CITY OF COCOA BEACH, a Florida municipal corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 18, 2003.

Attorney(s) appearing for the Case

Gary S. Edinger, Gainesville, FL, for Fly Fish.

James J. Flood, Jr., Flood & Ward, Washington, DC, Lamar D. Oxford, Dean, Ringers, Morgan & Lawton, P.A., Orlando, FL, for City of Cocoa Beach.

Before DUBINA, HILL and COX, Circuit Judges.

HILL, Circuit Judge:

Fly Fish, Inc. appeals the entry of summary judgment against it on its First Amendment challenge to various provisions of the adult entertainment ordinance of the City of Cocoa Beach, Florida. The City of Cocoa Beach, Florida appeals the entry of summary judgment against it as to one of the licensing provisions of that ordinance. For the following reasons, we affirm in part and reverse in part.

I.

The City of Cocoa Beach, Florida...

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