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BABY TAM & CO., INC. v. CITY OF LAS VEGAS

No. 98-15004.

154 F.3d 1097 (1998)

BABY TAM & CO., INC., A Nevada corporation, Plaintiff-Appellant, v. CITY OF LAS VEGAS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1998.

Attorney(s) appearing for the Case

Michael D. Stein, Las Vegas, NV, for plaintiff-appellant.

Philip R. Byrnes, Las Vegas, NV, for defendant-appellee.

Before: REINHARDT, NOONAN and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Baby Tam & Co., Inc. ("Baby Tam") sought, and was denied, a Las Vegas business license to operate an adult bookstore. It sued the City of Las Vegas ("City") under 42 U.S.C. § 1983 seeking a permanent injunction enjoining the City from enforcing the licensing ordinance. Baby Tam alleged that the licensing scheme constituted an unconstitutional prior restraint and suppression of speech...

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