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LSO, LTD. v. STROH

Nos. 98-56093, 98-56349 and 98-56465.

205 F.3d 1146 (2000)

LSO, LTD., a California corporation, Plaintiff-Appellant-Cross-Appellee, v. Jay STROH, Director of the California Department of Alcoholic Beverage Control, in his official and individual capacities; Manuel R. Espinoza, Chief Deputy Director of the California Department of Alcoholic Beverage Control, in his official and individual capacities; David E. Gill, District Supervisor, Rancho Mirage District Office Department of Alcoholic Beverage Control, in his official and individual capacities, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2000.

Attorney(s) appearing for the Case

Peter J. Eliasberg, ACLU Foundation of Southern California, Los Angeles, California, for the plaintiff-appellant-cross-appellee.

Dana Thaddeus Cartozian, Deputy Attorney General, Los Angeles, California, for the defendants-appellees-cross-appellants.

Before: D.W. NELSON, BOOCHEVER, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

OVERVIEW

This litigation arises from the efforts of Appellant Lifestyles Organization, Limited ("LSO") to hold its annual Erotic Art Exhibition and Trade Show in Palm Springs, California, in 1997. According to LSO's complaint, defendants Jay Stroh, Manuel R. Espinoza and David E. Gill, all officials of the California Department of Alcoholic Beverage Control ("ABC"), (collectively the "Officials") attempted to prevent LSO from...

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