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JAKE'S, LTD., INC. v. CITY OF COATES

No. 02-2931, 02-3835.

356 F.3d 896 (2004)

JAKE'S, LTD., INC.; Richard J. Jacobson, Plaintiffs — Appellants, v. CITY OF COATES, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2004.

Rehearing and Rehearing Denied March 12, 2004.

Attorney(s) appearing for the Case

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

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

Before LOKEN, Chief Judge, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 12, 2004.

LOKEN, Chief Judge.

After the City of Coates, Minnesota, enacted zoning ordinances barring Jake's, Ltd., from continuing to offer live nude dancing at its existing location, Jake's and its owner, Richard J. Jacobson (collectively, "Jake's"), commenced this action, alleging that the ordinances violated their First Amendment rights. The City removed the action and counterclaimed for declaratory and injunctive...

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