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WIENER v. COUNTY OF SAN DIEGO

No. 92-56573.

23 F.3d 263 (1994)

Steven D. WIENER, dba Fantasyland Adult Books, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, a political subdivision of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

G. Randall Garrou, Clyde F. DeWitt, Weston, Sarno, Garrou & DeWitt, Beverly Hills, CA, for plaintiff-appellant.

Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy by Mark C. Mead, Deputy, San Diego, CA, for defendant-appellee.

Before: BROWNING, PREGERSON, and BRUNETTI, Circuit Judges.

Opinion by Judge PREGERSON

PREGERSON, Circuit Judge:

Steven Wiener, d/b/a Fantasyland Adult Books, appeals the district court's dismissal of his 42 U.S.C. § 1983 action challenging a San Diego County zoning ordinance (Ordinance No. 8015) that regulates adult bookstores, and the district court's denial of his motion for a preliminary injunction. We have jurisdiction over the dismissal order under 28 U.S.C. § 1291, and over the denial of the preliminary...

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