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SALEM INN, INC. v. FRANK

No. 965, Docket 75-7101.

522 F.2d 1045 (1975)

SALEM INN, INC., and M & L Rest. Inc., Appellees, v. Louis J. FRANK, Individually and as Police Commissioner of Nassau County, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided August 28, 1975.

Attorney(s) appearing for the Case

Joseph H. Darago, New Hyde Park, N. Y. (Francis F. Doran, Town Atty. of Town of North Hempstead, Manhasset, N. Y., of counsel), for appellant.

Herbert S. Kassner, Kassner & Detsky, New York City, for appellee.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

OAKES, Circuit Judge:

The Town of North Hempstead, New York, has had several problems in its efforts to suppress "topless" dancing. The Town originally adopted an ordinance banning such dancing in "any public place." A preliminary injunction issued to prevent enforcement of the ordinance, and the injunction was upheld both by our court, Salem Inn, Inc. v. Frank, 501 F.2d 18 (2d Cir. 1974), and by the Supreme Court in Doran...

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