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DEJA VU v. METROPOLITAN GOVERNMENT

No. 03-6521.

421 F.3d 417 (2005)

DEJA VU OF NASHVILLE, INC., a Tennessee corporation; Jerry C. Pendergrass, et al., Plaintiffs-Appellees, v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 31, 2005.

Attorney(s) appearing for the Case

ARGUED: Francis H. Young, Metropolitan Department of Law, Nashville, Tennessee, for Appellant. Bradley J. Shafer, Shafer & Associates, Lansing, Michigan, for Appellees.

ON BRIEF: Francis H. Young, James L. Charles, Paul J. Campbell, II, Metropolitan Department of Law, Nashville, Tennessee, for Appellant. Bradley J. Shafer, Andrea E. Adams, Shafer & Associates, Lansing, Michigan, for Appellees.

Before: BOGGS, Chief Judge; ROGERS, Circuit Judge; SHADUR, District Judge.

SHADUR, D.J., delivered the opinion of the court, in which BOGGS, C.J., joined.

ROGERS, J. (pp. 424-425), delivered a separate dissenting opinion.

OPINION

SHADUR, District Judge.

Nearly eight years ago Deja Vu1 first challenged Chapter 6.54 of the Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro") Code of Laws on First and Fourteenth Amendment grounds. That challenge has generated a...

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