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MITCHELL v. COM'N ON ADULT ENTERTAINMENT EST.

No. 92-7508.

10 F.3d 123 (1993)

Francis R. MITCHELL; Bob's Discount Adult Books, Inc., Appellants, v. COMMISSION ON ADULT ENTERTAINMENT ESTABLISHMENTS OF the STATE OF DELAWARE; Charles M. Oberly, III; Commissioners of the 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, in their official capacities; Secretary, Delaware Department of Health & Social Services, an entity within the State of Delaware, in his official capacity; Delaware Department of Health & Social Services, an entity within the State of Delaware, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 24, 1993.

Attorney(s) appearing for the Case

Lewis H. Robertson (argued), Evans, Osborne & Kreizman, Red Bank, NJ, for appellants.

James J. Hanley (argued), John K. Welch, Kevin R. Slattery, Dept. of Justice, Wilmington, DE, for appellees.

Present: STAPLETON, MANSMANN and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants Francis R. Mitchell ("Mitchell") and Bob's Discount Adult Books, Inc. (collectively "Adult Books") appeal an order of the United States District Court for the District of Delaware granting summary judgment in favor of appellees, Delaware's Attorney General Charles M. Oberly, III, the Secretary of its Department of Health and Social Services, and the Commissioners of Delaware's Commission on Adult...

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