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DOE v. CITY OF BUFFALO

105 Misc.2d 707 (1980)

John Doe, Doing Business as Capri Art Theatre, Plaintiff, v. City of Buffalo et al., Defendants.

Supreme Court, Erie County.

October 14, 1980.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Schuller & James (Paul J. Cambria of counsel), for plaintiff. Joseph P. McNamara, Corporation Counsel (Patricia A. Pancoe of counsel), for defendants.

JOSEPH D. MINTZ, J.

This is an action by Capri Art Theatre brought by its owner and operator fictitiously named "John Doe" for a judgment declaring section 31 of chapter 7 and chapter 70 (§ 16, subd 17) of the ordinances of the City of Buffalo unconstitutional as a violation of the rights of the plaintiff under the First, Fifth and Fourteenth Amendments of the United States Constitution; and for a preliminary injunction prohibiting enforcement thereof...

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