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PACIFIC FRONTIER v. PLEASANT GROVE CITY

Nos. 04-4010, 04-4018.

414 F.3d 1221 (2005)

PACIFIC FRONTIER, a Nevada corporation; J & L Distributing, a Nevada corporation; Redwood Division Pro Club 100%, a California corporation; Eric Desmond; Steven Mantz; William Walsh; Jasmine Jaramillo; Lisa Walker; Amber Dalton; Travis McBride, Plaintiffs-Appellees/Cross-Appellants, v. PLEASANT GROVE CITY, a municipal corporation; Jim Danklef, in his official capacity as Mayor of Pleasant Grove City; Tom Paul, in his official capacity as Police Chief of Pleasant Grove City; Frank Mills, in his official capacity as Pleasant Grove City Manager; Jeff Wilson; Carol Harmer; Keith Cory; Darold McDade; Mark Atwood, in their official capacities as members of the Pleasant Grove City Council; Ernesto Ferron, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

July 12, 2005.

Attorney(s) appearing for the Case

Peter Stirba, (Gary R. Guelker with him on the briefs), Stirba & Associates, Salt Lake City, UT, for the Defendants-Appellants/Cross-Appellees.

Craig L. Taylor, (Charles R. Ahlstrom with him on the briefs), Craig L. Taylor, P.C., Kaysville, UT, for the Plaintiffs-Appellees/Cross-Appellants.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Burdened by the City of Pleasant Grove's ordinance establishing a solicitors licensing procedure, plaintiffs — individuals and entities engaged in selling Kirby vacuum cleaners through door-to-door solicitations — sued under 42 U.S.C. § 1983 claiming that the licensing ordinance violated their First Amendment commercial speech rights. The case proceeded to a preliminary injunction hearing, following which the district court...

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