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KEEGO HARBOR CO. v. CITY OF KEEGO HARBOR

No. 81-1095.

657 F.2d 94 (1981)

KEEGO HARBOR CO., Plaintiff-Appellant, v. CITY OF KEEGO HARBOR, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 12, 1981.

Attorney(s) appearing for the Case

Stephen M. Taylor, Southfield, Mich., for plaintiff-appellant.

Thomas J. Dillon, Dillon & Ryan, Pontiac, Mich., Gerald A. Fisher, Fisher & Wallace, Ortonville, Mich., for defendants-appellees.

Before MERRITT and JONES, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

MERRITT, Circuit Judge.

Plaintiff, Keego Harbor Company, challenges under the First and Fourteenth Amendments the constitutionality of a zoning ordinance of the City of Keego Harbor that prohibits "adult" movie theatres in the town. The District Court upheld the constitutionality of the ordinance. We reverse because the town has not met its burden of justifying the restrictions on protected speech. The ordinance therefore abridges the First Amendment.

I....

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