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THE TOOL BOX, INC. v. OGDEN CITY CORP.

No. 04-4173.

419 F.3d 1084 (2005)

THE TOOL BOX, INC., a Utah corporation, Plaintiff-Appellant, v. OGDEN CITY CORPORATION, a Utah municipal corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 10, 2005.

Attorney(s) appearing for the Case

W. Andrew McCullough, McCullough & Associates, LLC, Orem, UT, for Plaintiff-Appellant.

Donald L. Dalton, Dalton & Kelley, Salt Lake City, UT, for Defendant-Appellee.

Before EBEL, McCONNELL, and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff, The Tool Box, Inc., brought a First Amendment civil rights complaint in 2000 against the Ogden City, Utah, Corporation after the City denied it a building permit for its proposed nude-dancing establishment. In 2004, this court, in an en banc decision, affirmed the district court's grant of summary judgment in favor of Ogden City. Tool Box then filed a post-judgment motion in the district court seeking to amend its 2000 complaint to...

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