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PROJECT 80'S, INC. v. CITY OF POCATELLO

No. 86-4348.

876 F.2d 711 (1988)

PROJECT 80's, INC. and David John Fitzen, Plaintiffs-Appellants, v. CITY OF POCATELLO and the City of Idaho Falls, Idaho, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1988.

As Amended on Denial of Rehearing and Rehearing May 25, 1989.

Attorney(s) appearing for the Case

F. Michael Burkett, Boise, Idaho, for plaintiffs/appellants.

Nancy A. Ferris, Pocatello, Idaho, for the defendant/appellee, City of Pocatello.

Joseph C. Burgess, Idaho Falls, Idaho, for defendant/appellee, City of Idaho Falls.

Before CANBY, REINHARDT and BEEZER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 25, 1989.

CANBY, Circuit Judge:

This action challenges the constitutionality of two ordinances that ban uninvited residential door-to-door solicitation. The district court concluded that the ordinances did not violate appellants' First Amendment right of commercial speech, and it accordingly granted summary judgment for the defendants. We reverse.

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