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EAST BROOKS BOOKS, INC. v. CITY OF MEMPHIS

Nos. 93-6102, 93-6103 and 93-6104.

48 F.3d 220 (1995)

EAST BROOKS BOOKS, INC. (93-6102); Steven C. Cooper; and Southern Entertainment Management Company, Inc. (93-6103), Plaintiffs-Appellants/Cross-Appellees, v. CITY OF MEMPHIS, Defendant-Appellee/Cross-Appellant (93-6104), W.W. Herenton and Melvin Burgess, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1995.

Rehearing and Suggestion for Rehearing Denied May 5, 1995.

Attorney(s) appearing for the Case

Frierson M. Graves (argued and briefed), Michael F. Pleasants, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Memphis, TN, for East Brooks Books, Inc.

Robert B. Rolwing, Memphis, TN (argued and briefed), for City of Memphis, defendant-appellee W.W. Herenton and Melvin Burgess in Nos. 93-6102, 93-6104.

Rex L. Brasher, Jr. (briefed), Brown, Brasher & Smith, Memphis, TN, for Steve C. Cooper, Southern Entertainment Management Co., Inc. dba Club Tiffany plaintiff-appellant.

Monice M. Hagler, Robert B. Rolwing (argued and briefed), Memphis, TN, for City of Memphis, W.W. Herenton and Melvin Burgess in No. 93-6103.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; and HOOD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 5, 1995.

KENNEDY, Circuit Judge.

Plaintiffs, East Brooks Books, Inc., Steve C. Cooper, and Southern Entertainment Management Company, Inc., brought this action against the City of Memphis, Mayor W.W. Herenton and Police Director Melvin Burgess challenging the constitutionality of a licensing and zoning ordinance for sexually oriented businesses.1 The District Court granted...

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