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VIP OF BERLIN, LLC v. TOWN OF BERLIN

Docket No. 09-2950-cv.

593 F.3d 179 (2010)

VIP OF BERLIN, LLC, Plaintiff-Appellee, v. TOWN OF BERLIN and Denise McNair, in her official capacity as Town Manager, Town of Berlin, CT, Defendants-Appellants, Herman Middlebrooks, Jr., in his official capacity as Town Manager, Town of Berlin, CT, Defendant.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2010.

Attorney(s) appearing for the Case

Jennifer M. Kinsley, Sirkin Pinales & Schwartz LLP, Cincinnati, OH (Daniel A. Silver, Silver & Silver LLP, New Britain, CT, on the brief), for Plaintiff-Appellee.

Thomas R. Gerarde (Katherine E. Rule, on the brief), Howd & Ludorf, LLC, Hartford, CT, for Defendants-Appellants.

Jane R. Rosenberg, Assistant Attorney General (Richard Blumenthal, Attorney General for the State of Connecticut, on the brief) Connecticut Attorney General's Office, Hartford, CT, for Amicus Curiae State of Connecticut.

Before: MINER, STRAUB, and WESLEY, Circuit Judges.

Judge MINER dissents in a separate opinion.

STRAUB, Circuit Judge:

Defendants-Appellants Town of Berlin ("Berlin") and Denise McNair appeal from a July 2, 2009 opinion and order of the United States District Court for the District of Connecticut (Stefan R. Underhill, Judge) preliminarily enjoining them from enforcing Section 14-242 of the Berlin Code of Ordinances against Plaintiff-Appellee VIP of Berlin, LLC ("VIP"). The District Court granted the...

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