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MARTY'S ADULT WORLD v. TOWN OF ENFIELD, CONN.

No. 1141, Docket 93-7921.

20 F.3d 512 (1994)

MARTY'S ADULT WORLD OF ENFIELD, INC.; G & S Realty, Inc., Appellants, v. The TOWN OF ENFIELD, CONNECTICUT; Wayne Bickley, Individually and as Zoning Enforcement Officer for the Town of Enfield; the Town of Enfield Planning & Zoning Commission, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Daniel A. Silver, New Britain, CT, for appellants.

Christopher W. Bromson, Windsor Locks, CT, for appellee Town of Enfield.

Margery Weir Smith, Enfield, CT, for appellees Wayne Bickley and the Town of Enfield Planning & Zoning Com'n.

Before: TIMBERS and McLAUGHLIN, Circuit Judges, and RONEY, Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

TIMBERS, Circuit Judge:

Marty's Adult World of Enfield, Inc. (Marty's) and G & S Realty, Inc. (G & S) appeal from an order entered in the District of Connecticut, Alfred V. Covello, District Judge, denying appellants' motion for a preliminary injunction in an action seeking a declaratory judgment.

The court held that appellants were unable to demonstrate either probable success on the merits or sufficiently serious questions going to the merits...

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