CENTRAL AVE. NEWS, INC. v. CITY OF MINOT, N. D.

No. 80-1521.

651 F.2d 565 (1981)

CENTRAL AVENUE NEWS, INC., a Delaware Corporation d/b/a Last Chance Bookstore, Inc., Appellant, v. The CITY OF MINOT, NORTH DAKOTA, a Home Rule Municipality; Chester Reiten in his official capacity as Mayor of the City of Minot, North Dakota; Carroll Erickson in his official capacity as Chief of Police and head of Licensing Dept.; and Bert Peckman as City Engineer and Zoning Administrator in their official capacities for the City of Minot, North Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1981.

Rehearing Denied July 13, 1981.


Attorney(s) appearing for the Case

Timothy J. Austin, Mandan, N. D., for appellant; Arthur M. Schwartz, Denver, Colo., of counsel.

Nevin Van de Streek, Minot, N. D., for appellees.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.


McMILLIAN, Circuit Judge.

Appellant, Central Avenue News, Inc., appeals from an order of the district court1 that dismissed without prejudice its complaint against the City of Minot, based upon the abstention doctrine enunciated in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). For reversal appellant argues that this case falls within at least one of the narrow exceptions to...

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