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EAGLE BOOKS, INC. v. RITCHIE

No. NC-77-0043.

455 F.Supp. 73 (1978)

EAGLE BOOKS, INC., dba Adult Book Store, aka Ogden Books, and Hersel Richardson, Jr., Plaintiffs, v. Joe RITCHIE, in his official capacity as Chief of Police of Ogden, Utah, Robert L. Newey, in his official capacity as County Attorney for Weber County, Utah, A. Stephen Dirks, in his official capacity as Mayor of Ogden, Utah, Robert DeBoer, Roger Grant, John B. Arrington, Willard E. Cragun, and Glen Mecham, each in his official capacity as Ogden City Council member and Jack Richards, in his official capacity as Corporation Counsel for the City of Ogden, Utah, Defendants.

United States District Court, D. Utah, N. D.

January 6, 1978.

Attorney(s) appearing for the Case

Arthur M. Schwartz, P. C., and Neil E. Ayervais, Denver, Colo., Stephen R. McCaughey, Salt Lake City, Utah, for plaintiffs.

Timothy W. Blackburn, Asst. Corp. Counsel, Ogden, Utah, for defendants.

ORDER GRANTING PRELIMINARY INJUNCTION

ALDON J. ANDERSON, Chief Judge.

On September 20 and November 9, 1977, plaintiffs filed motions for preliminary injunctive relief. The relief requested is the enjoining of defendants from enforcing against plaintiffs the terms of Ogden City Ordinance No. 7-77, which provides for the revocation of the license of a business upon the conviction of that business, or any officer,

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