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CINECOM THEATRES MIDWEST ST., INC. v. CITY OF FORT WAYNE

No. 71-1727.

473 F.2d 1297 (1973)

CINECOM THEATERS MIDWEST STATES, INC., Plaintiff-Appellant, v. The CITY OF FORT WAYNE et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1973.

Attorney(s) appearing for the Case

Vern E. Sheldon, Martin T. Fletcher, Fort Wayne, Ind., for plaintiff-appellant.

Leonard E. Eilbacher, David B. Keller, Fort Wayne, Ind., for defendants-appellees.

Before DUFFY, Senior Circuit Judge, KILEY, Circuit Judge, and CAMPBELL, Senior District Judge.

CAMPBELL, Senior District Judge.

The plaintiff, Cinecom Theaters, owns and operates two drive-in motion picture theaters located in the City of Fort Wayne, Indiana. The defendants include the City of Fort Wayne and certain of its officials who are charged with the responsibility of enforcing the City's ordinances. On February 16, 1971, the plaintiff filed its complaint in the Indiana State Court seeking declaratory and injunctive...

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