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

No. 4:04-CV-00052-SEB-WG.

362 F.Supp.2d 1015 (2005)

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

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

January 3, 2005.

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 GRANTING PLAINTIFF'S SECOND MOTION FOR PRELIMINARY INJUNCTION

BARKER, District Judge.

This matter comes before the Court on Plaintiff's Second Motion for Preliminary Injunction of Defendant's adult entertainment code, Ordinance G-04-10. Two evidentiary hearings on the issues of the constitutionality of the code and the applicability of the amortization provision of the ordinance to Plaintiff precede this order. On May 5, 2004, we primarily heard...

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