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NEW CLUB CARLIN v. CITY OF BILLINGS

No. 88-269.

772 P.2d 303 (1989)

The NEW CLUB CARLIN, INC., d/b/a Big Daddy's, John C. Alguire, and Terry I. McKay, individually and as partners transacting business under the name and Style of Big Daddy's, a Montana partnership, Plaintiffs and Appellants, v. The CITY OF BILLINGS, a Municipal Corporation organized and existing pursuant to the laws of the State of Montana, Allan Tandy, its Aministrator, Eugene Kiser, its Chief of Police, the City of Billings Police Department, and the City Prosecutor's Office, an administrative subdivision of the Municipal Corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided April 27, 1989.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr., Stephens Law Firm, Billings, for plaintiffs and appellants.

David M. Rusoff, City Atty., Billings, for defendants and respondents.

SHEEHY, Justice.

In November and December, 1987, employees of Big Daddy's bar were arrested for criminal violation of Billings city ordinance prohibiting nude dancing in establishments selling alcoholic beverages. The owners of the bar filed a complaint in January, 1988 requesting a preliminary injunction, declaratory judgment and damages. A hearing was conducted in the District Court, Thirteenth Judicial District, Yellowstone County on January 26, 1988. The District...

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