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WALNUT PROPERTIES, INC. v. CITY OF WHITTIER

Nos. 84-5755, 84-6087.

808 F.2d 1331 (1986)

WALNUT PROPERTIES, INC., a California Corporation, and Vincent Miranda, an individual, Plaintiffs/Appellees, v. CITY OF WHITTIER, a Charter City; M.D. Klaxton, R.L. Henderson, L.A. Strong, Gene Chandler, V.A. Lopez, as Members of the Whittier City Council; James Bale, as Chief of Police of the City of Whittier; and John Robert Flandrick, as City Attorney of the City of Whittier, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended January 20, 1987.

As Amended on Denial of Rehearing and Rehearing March 10, 1987.

Attorney(s) appearing for the Case

Stanley Fleishman, Los Angeles, Cal., for plaintiffs/appellees.

J. Robert Flandrick, City Atty., City of Whittier & Burke, Williams & Sorensen, Katherine E. Stone, Benjamin S. Kaufman, Lisa E. Kranitz, Los Angeles, Cal., for defendants/appellants.

Before BOOCHEVER and BEEZER, Circuit Judges, and SOLOMON, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc March 10, 1987.

BOOCHEVER, Circuit Judge:

In Walnut Properties, Inc. v. City of Whittier, nos. 84-5755, 84-6087 (9th Cir.1985) (mem.), [762 F.2d 1020 (Table)], we affirmed the district court's findings and conclusions that the City's ordinance requiring a 1,000 feet separation between an adult theater and a church had been unconstitutionally motivated, that the ordinance had an unconstitutional...

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