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MIDNIGHT SESSIONS, LTD. v. CITY OF PHILADELPHIA

Nos. 91-1055, 91-1109 and 91-1140.

945 F.2d 667 (1991)

MIDNIGHT SESSIONS, LTD., t/a After Midnight, Baker Ocean, Inc., t/a Down South, Good Times Cafe, Inc., Donald R. Welch, Sally Hunter, Jack Manoff, Richard Singer, and Curt E. Heidinger, Appellees-Cross-Appellants, v. CITY OF PHILADELPHIA, City of Philadelphia Police Department, City of Philadelphia Department of Licenses & Inspections, City of Philadelphia Board of License & Inspection Review, Alan Kessler, Esq., James F. Jordan, Jr., James P. Lynn, Anthony P. Rabutino, Carl Schmollinger, Larry A. Thomas, James J. Tayoun, John Plonski, Henry Herling, Robert J. D'Agostino, Clarence Mosley, Cureley Cole, Esq., Joan S. Baizer, Charles L. Duncan, Jr., West Poplar Action Committee, South Street Business Association, City of Philadelphia, Appellant, James J. Tayoun, Cross-Appellee.

United States Court of Appeals, Third Circuit.

Decided October 2, 1991.

Rehearing Denied October 28, 1991.

Attorney(s) appearing for the Case

Richard G. Freeman (argued), Deputy City Sol., Philadelphia, Pa., Mark Rahdert, Philadelphia, Pa., for appellant-cross-appellee.

Michael G. Trachtman (argued), Jonathan K. Hollin, Ethan N. Halberstadt, Powell, Trachtman, Logan & Carrle, King of Prussia, Pa., for appellees-cross-appellants.

Before SLOVITER, Chief Judge, GREENBERG, Circuit Judge, and McCLURE, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

In this civil rights action, the City of Philadelphia appeals from an order entered February 11, 1991, denying it a judgment notwithstanding a verdict in favor of the plaintiffs Midnight Sessions (After Midnight), Baker Ocean, Inc. (Down South), and several of their individual investors, who alleged that the City violated their constitutional rights by denying their applications for dance hall licenses. In particular...

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