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ORIENTAL HEALTH SPA v. CITY OF FORT WAYNE

Nos. 88-1773, 88-1774.

864 F.2d 486 (1988)

ORIENTAL HEALTH SPA, its Manager and Employees, and Martha Clampitt d/b/a Tender Touch, Plaintiffs-Appellants, v. CITY OF FORT WAYNE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 1988.

Attorney(s) appearing for the Case

Hugh N. Taylor, Romero & Thonert, Stanley L. Campbell, Swanson & Campbell, Ft. Wayne, Ind., for plaintiffs-appellants.

J. Timothy McCaulay, Corp. Counsel City of Ft. Wayne, Helmke, Beams, Boyer & Wagner, Ft. Wayne, Ind., for defendant-appellee.

Before CUMMINGS, FLAUM and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiffs Oriental Health Spa1 and Martha Clampitt appeal from the district court's decisions granting summary judgment in favor of the defendant City of Fort Wayne. Plaintiffs are seeking equitable relief in the form of a declaratory judgment and a permanent injunction on the basis that the City of Fort Wayne's recently enacted ordinance regulating massage parlors is unconstitutional. We affirm.

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