MEMORANDUM OPINION AND ORDER ON MOTION
MCPHERSON, United States Magistrate Judge.
In this civil action, the plaintiff, ATM EXPRESS, INC. ["ATM"], challenges the constitutionality of the business licensing ordinance enforced by the City of Montgomery, Alabama ["City"] on its face and as applied. ATM invokes this court's jurisdiction pursuant to 28 U.S.C. §§ 1331,
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