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KIT-DAL CINEMA v. VILLAGE OF DOWNERS GROVE, ILL.

No. 81 C 793.

534 F.Supp. 81 (1981)

KIT-DAL CINEMA, INC., et al., Plaintiffs, v. VILLAGE OF DOWNERS GROVE, ILLINOIS, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

September 15, 1981.

Attorney(s) appearing for the Case

Howard J. DePree, Bates, DePree, Bard & Wilson, Chicago, Ill., Taylor & Rubin, Stephen Taylor, Southfield, Mich., for plaintiffs.

Barbara J. Gosselar, Downers Grove, Ill., Aaron J. Kramer, Frederick J. Sperling, Schiff, Hardin & Waite, Richard J. Hoskins, Guenther M. Philipp, Chicago, Ill., for defendants.

MEMORANDUM OPINION

GRADY, District Judge.

The defendants have moved to dismiss by reason of a pending state suit. The motion is denied.

FACTS

On January 13, 1981, the defendant Village of Downers Grove enacted Ordinance No. 2489, the "Adult Uses Licensing Ordinance." This ordinance provides that businesses that meet the definition of "Adult Uses" must obtain a license before operating in Downers Grove. The plaintiffs, KitDal Cinema and...

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