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BZAPS, INC. v. CITY OF MANKATO

No. 00-3214.

268 F.3d 603 (2001)

BZAPS, INC., Doing Business as Buster's Bar, Appellant, v. CITY OF MANKATO, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 12, 2001.

Rehearing and Rehearing Denied: December 5, 2001.

Attorney(s) appearing for the Case

Randall D.B. Tigue, argued, Minneapolis, MN, for appellant.

James J. Thomson, argued, Minneapolis, MN, for appellee.

Before MORRIS SHEPPARD ARNOLD and BYE, Circuit Judges, and GAITAN, District Judge.

Rehearing and Rehearing En Banc Denied: December 5, 2001.*

MORRIS SHEPPARD ARNOLD, Circuit Judge.

BZAPS, Inc., contracted with a group known as "Fatal Attraction," a male dance revue that performs in various states of nudity, to perform for one night at Buster's Bar, owned by BZAPS in Mankato, Minnesota. When a BZAPS representative contacted the city planning director regarding the permissibility of this performance, the planning...

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