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STEINBERG v. FRAWLEY

Civ. A. Nos. 85-192, 85-374.

633 F.Supp. 548 (1986)

Samuel STEINBERG, d/b/a Jack's Bookstore, Selma Steinberg and Nelda Mae Mauthe d/b/a International Peep Shows, Plaintiffs, v. Daniel S. FRAWLEY, Mayor, City of Wilmington, and Michael DiEleuterio, Commissioner of Licenses and Inspections for the City of Wilmington, Defendants.

United States District Court, D. Delaware.

April 22, 1986.

Attorney(s) appearing for the Case

Stephen B. Potter, James R. Leonard, and Susan L. Parker, of Potter, Carmine & Hodas, Wilmington, Del., for plaintiffs in Civ. A. No. 85-192.

E. Martin Knepper, Wilmington, Del., for plaintiffs in Civ. A. No. 85-374; Burton W. Sandler, Towson, Md., of counsel.

Karen L. Johnson, City of Wilmington Law Dept., Wilmington, Del., for defendants in Civ. A. Nos. 85-192, 85-374.

OPINION

CALEB M. WRIGHT, Senior District Judge.

Plaintiffs in these consolidated lawsuits challenge the constitutionality of a City of Wilmington ordinance restricting the location of "adult entertainment establishments" within the city limits. The Court must decide here how a Delaware statute regulating the location of such establishments might affect the ability of the City of Wilmington to enforce its ordinance.

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