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CITY OF PADUCAH v. INVESTMENT ENTERTAINMENT

Nos. 85-5092, 85-5093.

791 F.2d 463 (1986)

CITY OF PADUCAH, Plaintiff-Appellant, v. INVESTMENT ENTERTAINMENT, INC., et al., Defendants-Appellees. INVESTMENT ENTERTAINMENT, INC., (No. 85-5092), Beltline News and Arcade Club, (No. 85-9093), Plaintiffs-Appellees, v. CITY OF PADUCAH, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 28, 1986.

Attorney(s) appearing for the Case

James W. Utter (argued), Paducah, Ky., for plaintiff-appellant.

Joseph S. Freeland, Paducah, Ky., James Glanville (argued), for defendants-appellees.

Before MERRITT and WELLFORD, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MERRITT, Circuit Judge.

The City of Paducah, Kentucky, appeals the judgment of District Judge Johnstone that Paducah's obscenity abatement ordinance, on its face, establishes a prior restraint of protected speech and thereby unconstitutionally infringes the first amendment rights of plaintiffs Investment Entertainment, Inc. and Beltline News and Arcade Club, sellers of books, magazines, and video tapes. We agree that the ordinance's provision requiring the revocation...

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