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FITCHBURG v. 707 MAIN CORP.

369 Mass. 748 (1976)

343 N.E.2d 149

CITY OF FITCHBURG vs. 707 MAIN CORP. & others.

Supreme Judicial Court of Massachusetts, Worcester.

February 24, 1976.

Attorney(s) appearing for the Case

Charlotte Anne Perretta for the defendants.

Edward T. McHugh, Assistant City Solicitor, Paul P. Rigopoulos, City Solicitor, & James T. Angelos, Special Assistant City Solicitor, for the city of Fitchburg.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, & KAPLAN, JJ.

BRAUCHER, J.

The plaintiff city brought this action to enforce against the defendants an ordinance forbidding the operation of a motion picture theatre without a license.2 A restraining order, a preliminary injunction and a permanent injunction were issued, and two of the defendants were found to be in contempt and ordered punished. We hold the ordinance unconstitutionally vague both on its face...

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