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FREJLACH v. BUTLER

No. 77-1845.

573 F.2d 1026 (1978)

Marvin FREJLACH, d/b/a the Payne Reliever, et al., Appellants, v. Rosalie BUTLER, Individually and in her capacity as councilperson of the City of St. Paul, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 10, 1978.

Attorney(s) appearing for the Case

Jerrold M. Hartke, South St. Paul, Minn., for appellants.

Philip B. Byrne, Deputy City Atty., St. Paul, Minn., for appellees.

Patsy Reinard, Legal Counsel, Minnesota Civil Liberties Union, and Ronald D. B. Tigue, Volunteer Attorney, Minnesota Civil Liberties Union, Minneapolis, Minn., for amicus curiae, Minnesota Civil Liberties Union.

Before BRIGHT and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

This is an appeal from an order denying plaintiffs' motion for a preliminary injunction. Expressing no opinion concerning the merits of the case, we affirm.

In March of 1973, following the decision in California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 L.Ed.2d 342 (1972), the City of Saint Paul amended the liquor control provisions in its Legislative Code. As amended by Ordinance No. 15343, § 308.23(11...

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