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CITY OF MINNEAPOLIS v. F AND R, INC.

No. 50169.

300 N.W.2d 2 (1980)

CITY OF MINNEAPOLIS, Appellant, v. F AND R, INC., et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied January 21, 1981.

Attorney(s) appearing for the Case

Robert J. Alfton, City Atty., Allen Hyatt, Asst. City Atty., Minneapolis, for appellant.

Thomas J. Burke, St. Paul, for respondents.

Heard before ROGOSHESKE, KELLY and YETKA, JJ., and considered and decided by the court en banc.

KELLY, Justice.

In September 1977, plaintiff filed a complaint against defendants, alleging the defendants' operation of an adults-only bookstore at 401 East Lake Street violated section 540.410 of the Minneapolis Code of Ordinances. The city sought a judgment enjoining defendants from operating the premises as an adults-only bookstore. After the district court, on plaintiff's motion for partial summary judgment, ruled that the bookstore was in violation of the ordinance...

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