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RICHLAND BOOKMART, INC. v. NICHOLS

No. 96-6472.

137 F.3d 435 (1998)

RICHLAND BOOKMART, INC., d/b/a Town and Country, Plaintiff-Appellee, v. Randall E. NICHOLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1998.

Rehearing and Suggestion for Rehearing Denied April 23, 1998.

Attorney(s) appearing for the Case

Frierson M. Graves, Jr. (argued and briefed), Baker, Donelson, Bearman & Caldwell, Memphis, TN, for Plaintiff-Appellee.

Steven A. Hart (argued and briefed), Office of the Attorney General, Criminal Justice Division, Michael J. Fahey, II (briefed), Asst. Atty. Gen., Office of the Attorney General, Nashville, TN, for Defendant-Appellant.

Before: MERRITT, BATCHELDER, and FARRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 23, 1998.

OPINION

MERRITT, Circuit Judge.

The defendant below, Randall E. Nichols, District Attorney for Knox County, Tennessee, appeals a permanent injunction entered by the district court against enforcement of statutory amendments to the Tennessee Adult-Oriented Establishment Act. The new statute limits the hours and days during which adult entertainment...

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