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  5. 350 F.Supp.2d 789 (2004)
 

NEW ALBANY DVD, LLC v. CITY OF NEW ALBANY, IND.

No. NA4:04CV0052SEBWGH.

350 F.Supp.2d 789 (2004)

NEW ALBANY DVD, LLC, Plaintiff, v. CITY OF NEW ALBANY, INDIANA, Defendant.

United States District Court, S.D. Indiana, New Albany Division.

July 22, 2004.

Attorney(s) appearing for the Case

Bart M. Betteau, Betteau Law Office, LLC, New Albany, IN, Steven Gerald Mason, Orlando, FL, for plaintiff.

Scott D. Bergthold, Law Office Of Scott D. Bergthold PLLC, Chattanooga, TN, Shane L. Gibson, Gibson Law Office, New Albany, IN, for defendant.

ENTRY ON DEFENDANT'S MOTION TO DISMISS

BARKER, District Judge.

This matter comes before the Court on Defendant City of New Albany's ("City") Motion to Dismiss Plaintiff NA DVD's ("DVD") constitutional claim on the basis of the Younger abstention doctrine. For the reasons stated below, we DENY the Defendant's Motion to Dismiss.

Factual and Procedural Background

This case shares a procedural and factual background...

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