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CLR CORP. v. HENLINE

No. G 79-687 CA.

520 F.Supp. 760 (1981)

CLR CORPORATION, Plaintiff, v. Lowell HENLINE, Jay Waalkes, Gordon Foster, Defendants.

United States District Court, W. D. Michigan, S. D.

August 5, 1981.

Attorney(s) appearing for the Case

Noel Lippman, Almont, Mich., for plaintiff.

William J. Garlington, Wyoming, Mich., for defendants.

OPINION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

MILES, Chief Judge.

Plaintiff alleges that defendants, acting under color of state law, in particular Article XVI, Section 60.75 of the zoning ordinance of the City of Wyoming, Michigan, refused to issue an occupancy permit for plaintiff's so-called "adult business" in violation of the First and Fourteenth Amendments to the United States Constitution. Pursuant to 42 U.S.C. § 1983, with jurisdiction...

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