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U.S. SOUND & SERV., INC. v. TOWNSHIP OF BRICK

No. 97-5089

126 F.3d 555 (1997)

U.S. SOUND & SERVICE, INC., a corporation of the State of New Jersey v. TOWNSHIP OF BRICK; Planning Board of Brick Township; Gregory Vocaturo; Pamela Vocaturo; Ron Levendusky U.S. Sound & Service, Inc., and James Restaino, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 10, 1997.

Attorney(s) appearing for the Case

Lewis H. Robertson (Argued), Evans, Osborne, Kreizman & Bonney, Red Bank, NJ, for Appellant.

Shawn P. McCarthy (Argued), Cucci & McCarthy, Brick, NJ, for Appellee Township of Brick.

Robert D. Ford (Argued), Russo, Secare, Ford, Delanoy & Martino, Toms River, NJ, for Appellee Planning Board of Brick Township.

BEFORE: STAPLETON, GREENBERG and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

U.S. Sound & Service, Inc. ("U.S.Sound") asserts that the Township of Brick, New Jersey ("the Township"), and its Planning Board ("the Board") violated U.S. Sound's First Amendment right to free expression by imposing unjustified conditions on its right to operate a video store in the Township. The district court denied U.S. Sound's motion for a partial summary judgment as to liability, denied its alternative...

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