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MARCO LOUNGE, INC. v. CITY OF FEDERAL HEIGHTS

No. 79SA535.

625 P.2d 982 (1981)

MARCO LOUNGE, INC., a Colorado corporation, Plaintiff-Appellant, v. The CITY OF FEDERAL HEIGHTS, a municipal corporation, Defendant-Appellee.

Supreme Court of Colorado.

Rehearing Denied April 13, 1981.

Attorney(s) appearing for the Case

Bayer, McLean, Carey & McGee, P. C., Robert L. McGee, Jr., Gary L. Palumbo, Denver, for plaintiff-appellant.

Tallmadge, Tallmadge, Wallace & Hahn, P. C., John W. Smith, Donald F. D'Antuono, Denver, for defendant-appellee.

LOHR, Justice.

Marco Lounge, Inc. (Marco) appeals from an order of the Adams County district court denying Marco's motion for a preliminary injunction against the City of Federal Heights (City) to prohibit enforcement of the City's order that Marco cease and desist from presenting live, nude entertainment in the bar which it owns and operates in the City. We conclude that the ordinance upon which the cease and desist order was based violates the guarantee of freedom...

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