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MITCHELL v. COMMISSION ON ADULT ENTERTAINMENT

Civ. A. No. 85-735 MMS.

764 F.Supp. 928 (1991)

Francis R. MITCHELL and Bob's Discount Adult Books, Inc., a corporation of the State of Delaware, Plaintiffs, v. COMMISSION ON ADULT ENTERTAINMENT ESTABLISHMENTS OF THE STATE OF DELAWARE, an entity within the State of Delaware, Department of Administrative Services, Division of Business and Occupational Regulation, and Charles M. Oberly, III, in his official capacity as Attorney General of the State of Delaware, and State of Delaware, Defendants.

United States District Court, D. Delaware.

May 17, 1991.

Attorney(s) appearing for the Case

Stephen F. Dryden, Wilmington, Del. (Lewis H. Robertson of Evans, Osborne & Kreizman, Little Silver, N.J., of counsel), for plaintiffs.

John J. Polk and David A. White, Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Plaintiffs filed for summary judgment on the issues which remain in this case after several years of litigation. At the request of the court, defendants have filed a cross-motion for summary judgment so that all remaining legal issues may be finally resolved. By a Memorandum Opinion and Order dated January 3, 1991, the court granted plaintiffs' summary judgment motion in part and held the remainder of the...

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