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ELLWEST STEREO THEATRE, INC. v. JACKSON

No. 80-7856 Summary Calendar.

653 F.2d 954 (1981)

ELLWEST STEREO THEATRE, INC., Plaintiff-Appellant, v. Maynard JACKSON, et al., Defendant-Appellee. DIXIE BOOKS, INC., et al., Plaintiffs-Appellants, v. CITY OF ATLANTA, Georgia, et al., Defendants-Appellees. VRS INC., d/b/a Bookstore, et al., Plaintiff-Appellant, v. CITY OF ATLANTA, Georgia, et al., Defendants-Appellees. U.B. INC., etc., et al., Plaintiffs-Appellants, v. Maynard JACKSON, etc., et al., Defendants-Appellees. SHOWCASE CINEMAS, INC., etc., Plaintiff-Appellant, v. Maynard JACKSON, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

August 17, 1981.

Attorney(s) appearing for the Case

Edward T. M. Garland, Atlanta, Ga., for all plaintiffs.

Arthur M. Schwartz, Denver, Colo., for Dixie Books, et al.

Glenn Zell, Atlanta, Ga., for Dixie & VRS.

Stephen M. Taylor, Southfield, Mich., Charles W. Boyle, Atlanta, Ga., for Ellwest Showcase, U.B., Inc.

W. Roy Mays, III, Gary S. Walker, Atlanta, Ga., for appellees.

Before GODBOLD, Chief Judge, and KRAVITCH and HATCHETT, Circuit Judges.

GODBOLD, Chief Judge:

Appellants, several adult entertainment establishments, sued appellees, the city of Atlanta and several of its officers in their official capacity, seeking declaratory and injunctive relief under 42 U.S.C. § 1983. They alleged that the city's adult establishment licensing ordinance violated the Constitution on several grounds. After a hearing the district court issued a preliminary injunction and, upon submission of further briefs and evidence...

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