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DLS, INC. v. CITY OF CHATTANOOGA

No. 95-5971.

107 F.3d 403 (1997)

DLS, INC., d/b/a Diamonds and Lace Showbar, a Tennessee corporation; Ann Martin; Kim Tyndall; and Karen Chadwick, Plaintiffs-Appellants, v. CITY OF CHATTANOOGA; City Council of Chattanooga, Tennessee; Mayor Gene Roberts; Chairman Don Eaves; Councilpersons Mai Bell Hurley, David Crockett, David Distefano, Yusef Hakeem, John Lively, Leamon Pierce, Marti Rutherford, Ron Swafford; and Chief of Police Ralph Cothran, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1997.

Rehearing and Suggestion for Rehearing Denied April 15, 1997.

Attorney(s) appearing for the Case

Jerry H. Summers (argued and briefed), Jimmy F. Rodgers, Jr., Summers, McCrea & Wyatt, Chattanooga, TN, for Plaintiffs-Appellants.

William S. Parker, Jr., Philip A. Noblett (argued and briefed), Nelson, McMahan, Parker & Noblett, Chattanooga, TN, for Defendants-Appellees.

Before: LIVELY, BOGGS, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 15, 1997.

BOGGS, Circuit Judge.

The plaintiffs below — a corporation operating a nightclub devoted to erotic dancing, the corporation's sole shareholder, and two of its employees — brought suit under 42 U.S.C. § 1983 to challenge the constitutionality of the City of Chattanooga's ordinance that regulates such facilities. After a bench trial, the district court enjoined the City...

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