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LUI v. COMMISSION, ADULT ENTERTAINMENT, DE

No. 03-2437.

369 F.3d 319 (2004)

Jeffrey LUI, David Lui, and Fantasia Restaurant & Lounge, Inc., a corporation of the State of Delaware Appellants v. COMMISSION ON ADULT ENTERTAINMENT ESTABLISHMENTS OF THE STATE OF DELAWARE, an entity within the State of Delaware Department of Administrative Services, Division of Business & Occupation Recreation, M. Jane Brady, in her capacity as Attorney General of the State of Delaware, State of Delaware, and New Castle County, a political subdivision of the State of Delaware.

United States Court of Appeals, Third Circuit.

Filed May 26, 2004.

Attorney(s) appearing for the Case

Lewis H. Robertson (Argued), Lewis H. Robertson, P.C., Little Silver, NJ, for Appellants, Jeffrey Lui, David Lui and Fantasia Restaurant & Lounge, Inc.

Thomas H. Ellis (Argued), Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE, for Appellees, Commission on Adult Entertainment Establishments of the State of Delaware, M. Jane Brady, and State of Delaware.

Mary A. Jacobson (Argued), Assistant County Attorney, New Castle County Office of Law, New Castle, DE, for Appellee, New Castle County.

Before SCIRICA, Chief Judge, GARTH, and BRIGHT, Circuit Judges.

GARTH, Circuit Judge.

Appellants Jeffrey Lui, David Lui and Fantasia Restaurant & Lounge, Inc. appeal from the District Court's summary judgment in favor of Appellees based on the abstention doctrine announced in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). After Lui1 filed the instant appeal, the Delaware Superior Court rejected on the merits Lui's motion to dismiss the...

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