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DANDY CO., INC. v. CIVIL CITY, ETC.

No. 3-377A81.

401 N.E.2d 1380 (1980)

DANDY CO., INC., an Indiana Corporation, d/b/a Xxx Adult Xxx Mini-Movie Arcade, Appellant-Defendant, v. CIVIL CITY of South Bend, County-City Complex, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

March 27, 1980.

Attorney(s) appearing for the Case

Harry Heppenheimer and Donald E. Wertheimer, South Bend, for appellant-defendant.

Thomas J. Brunner, Jr., and Sanford M. Brook, South Bend, for appellee-plaintiff.

HOFFMAN, Judge.

Defendant-appellant Dandy Co., Inc. (Dandy) appeals the issuance of a preliminary injunction enjoining it from operating an adult bookstore pending further court order or final hearing.

The evidence most favorable to the judgment discloses that the subject premises, a building located at 1524 South Miami Street in South Bend, Indiana, was owned by Kathryn Serkes at all times material to this litigation. In March of 1972, Serkes leased the premises...

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