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D.H.L. ASSOCIATES, INC. v. O'GORMAN

No. 98-1688.

199 F.3d 50 (1999)

D.H.L. ASSOCIATES, INC., Plaintiff, Appellant, v. John O'GORMAN, Robert Wallace, Warren Allgrove, Jr, and Eileen Farrell, Individually and in their Capacity as the Tyngsborough Board of Selectmen, and as the Licensing Board for the Town of Tyngsborough, and the Town of Tyngsborough, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 17, 1999.

Attorney(s) appearing for the Case

Thomas Lesser with whom William C. Newman was on brief for appellant.

Richard Bowen with whom Jonathan M. Silverstein and Christopher J. Pollart were on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

COFFIN, Senior Circuit Judge.

Plaintiff-appellant D.H.L. Associates, Inc., has sought annually since 1994 to persuade defendants-appellees, the town of Tyngsborough, Massachusetts, and its board of selectmen to license it to provide nude dancing at its restaurant, "Matthew's." D.H.L. has never been successful in this endeavor because Matthew's is not located within the area of Tyngsborough zoned to allow adult entertainment. In this case, D.H.L. challenges the constitutionality...

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