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CITY OF CHATTANOOGA v. CINEMA 1, INC.

150 S.W.3d 390 (2004)

CITY OF CHATTANOOGA v. CINEMA 1, INC., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

April 13, 2004.

Permission to Appeal Denied November 8, 2004.

Attorney(s) appearing for the Case

H. Louis Sirkin, Jennifer M. Kinsley, Cincinnati, Ohio, John Herbison, Nashville, Tennessee, and Arvin H. Reingold, Chattanooga, Tennessee, for the Appellants Cinema 1, Inc., and David Franklin.

Phillip A. Noblett and Jennifer T. Flowers, Chattanooga, Tennessee, for the Appellee City of Chattanooga.

Permission to Appeal Denied by Supreme Court November 8, 2004.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS and CHARLES D. SUSANO, JR., JJ., joined.

David Franklin ("Franklin") operates an adult bookstore in Chattanooga known as Cinema 1, Inc. ("Cinema 1"). Numerous undercover visits by Chattanooga Police Department officers discovered a significant...

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