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AVALON CINEMA CORP. v. THOMPSON

No. 81-1162.

667 F.2d 659 (1981)

AVALON CINEMA CORPORATION, Appellant, v. Reed W. THOMPSON, individually, and in his official capacity as Mayor of North Little Rock, Arkansas; William Younts, individually, and in his official capacity as Chief of Police of North Little Rock, Arkansas; James P. Hamilton, in his official capacity as City Attorney for North Little Rock, Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

John H. Weston, Brown, Weston & Sarno, Beverly Hills, Cal. (David M. Brown, G. Randall Garrou, Brown, Weston & Sarno, Beverly Hills, Cal., John Wesley Hall, Jr., Little Rock, Ark., on the brief), for appellant.

Jim Hamilton, City Atty., North Little Rock, Ark., for appellee.

Before LAY, Chief Judge, HEANEY, BRIGHT, ROSS, STEPHENSON, HENLEY, McMILLIAN, and ARNOLD, Circuit Judges, en banc.

ARNOLD, Circuit Judge.

Avalon Cinema Corporation (Avalon) appeals from a judgment of the District Court denying its request for declaratory and injunctive relief and upholding the constitutionality of a zoning ordinance enacted by the City of North Little Rock, Arkansas. A panel of this Court, one judge dissenting, affirmed the judgment. 658 F.2d 555. Rehearing en banc was then granted, and the case was reargued before the full bench...

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