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SEAWAY DRIVE-IN, INC. v. TP. OF CLAY

No. 85-1353.

791 F.2d 447 (1986)

SEAWAY DRIVE-IN, INC., Plaintiff-Appellant, v. TOWNSHIP OF CLAY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 19, 1986.

Attorney(s) appearing for the Case

Stephen M. Taylor, argued, Taylor & Rubin, P.C., Southfield, Mich., for plaintiff-appellant.

Phillip Easter, argued, and Roy W. Rogensues, Fraser, Mich., for defendant-appellee.

Before ENGEL, KENNEDY and CONTIE, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Plaintiff-Appellant appeals the District Court's denial of its motion for attorney's fees under 42 U.S.C. § 1988. The underlying lawsuit involved both state law and constitutional challenges to a township ordinance regulating drive-in theaters. During the preliminary injunction proceedings, which led to settlement of the case through a consent decree, the District Court refrained from discussing the merits of some of the claims...

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