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TOOL BOX v. OGDEN CITY CORP.

No. 01-4134.

316 F.3d 1167 (2003)

The TOOL BOX, a Utah Corporation, Plaintiff-Appellant, v. OGDEN CITY CORPORATION, a Utah Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 22, 2003.

Attorney(s) appearing for the Case

W. Andrew McCullough, McCullough & Associates, LLC, Orem, UT, for the Plaintiff-Appellant.

Donald L. Dalton, Dalton & Kelley, Salt Lake City, UT, for the Defendant-Appellee.

Before HARTZ, ALDISERT and PORFILIO, Circuit Judges.

ALDISERT, Circuit Judge.

Tool Box, Inc., operator of a nude dancing establishment, appeals from a grant of summary judgment in favor of Ogden City Corporation, whose review board used an industrial park's protective covenants to prevent the establishment from operating in an area zoned for sexually oriented businesses.

Nude dancing qualifies as expressive conduct that "falls within the outer ambit of the First Amendment's protection." City of Erie v. Pap...

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