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OGDEN CITY v. EAGLE BOOKS, INC.

No. 15596.

586 P.2d 436 (1978)

OGDEN CITY, a Municipal Corporation of the State of Utah, and Weber County, a Body Corporate and Politic of the State of Utah, Plaintiffs and Appellants, v. EAGLE BOOKS, INC., d/b/a Adult Book Store, a/k/a Ogden Books, James Forrester, Casper Dominguez, Hersel Richardson, Willie Williams, Randy Uribe, Kenneth Peirren, Arthur Adalid, Luanna Hall Haig, John Does (1) through (5), Jane Does (1) through (5), and Wayne Giles, Defendants and Respondents.

Supreme Court of Utah.

October 16, 1978.

Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Salt Lake City, Robert L. Newey, Weber County Atty., Timothy W. Blackburn, Ogden, for plaintiffs and appellants.

Arthur M. Schwartz, Denver, Colo., Stephen R. McCaughey, Richard G. MacDougall, Salt Lake City, for defendants and respondents.

HALL, Justice:

Plaintiffs (hereinafter referred to collectively as "Ogden City") appeal from a summary judgment denying injunctive relief sought to prohibit defendant, Eagle Books, Inc. (hereinafter referred to as "Eagle Books") from operating a bookstore without a license.

Eagle Books was formerly licensed by Ogden City to do business as a bookstore, however, said license was revoked following some 30 criminal convictions of distributing pornographic materials...

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