UTAH LICENSED BEVERAGE ASS'N v. LEAVITT

No. 00-4058.

256 F.3d 1061 (2001)

UTAH LICENSED BEVERAGE ASSOCIATION, a Utah non-profit corporation; Wayne Benson; and New Moon Press, Inc., a Utah corporation d.b.a. Catalyst, Plaintiffs-Appellants, v. Michael LEAVITT, Governor, State of Utah; Janet Graham, Attorney General, State of Utah; Jerry D. Fenn, Chair, Utah Alcoholic Beverage Control Commission; Nicholas E. Hales, Vickie McCall, Ted Lewis, and Carl Hawkins, Members, Utah Alcoholic Beverage Control Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 24, 2001.


Attorney(s) appearing for the Case

Brian M. Barnard, (James L. Harris, Jr., with him on the briefs), Utah Legal Clinic, Salt Lake City, Utah, for Plaintiffs-Appellants.

Thom D. Roberts, Assistant Attorney General, State of Utah (Jan Graham, Attorney General, State of Utah, with him on the brief), Salt Lake City, Utah, for Defendants-Appellees.

Before HENRY and MURPHY, Circuit Judges, and MILLS, District Judge.


HENRY, Circuit Judge.

Plaintiffs brought this 42 U.S.C. § 1983 action against the defendant state officials, seeking declaratory and injunctive relief for alleged violations of the First Amendment. The district court denied the plaintiffs' request for a preliminary injunction, as well as their motion for summary judgment. Plaintiffs now appeal the denial of the preliminary injunction; we have jurisdiction pursuant to...

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