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THIS THAT AND THE OTHER GIFT & TOBACCO, INC. v. COBB COUNTY, GA.

No. 04-16419.

439 F.3d 1275 (2006)

THIS THAT AND THE OTHER GIFT AND TOBACCO, INC., d/b/a This That & The Other, Christopher Prewett, Plaintiffs-Appellants, v. COBB COUNTY, GEORGIA, Paul Foster, in his official capacity as Business License Division Manager for Cobb County, Georgia, Thurbert E. Baker, in his official capacity as Attorney General for the State of Georgia, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 15, 2006.

Attorney(s) appearing for the Case

Owen Jackson Cook, Cary Stephen Wiggins, Cook, Youngelson & Wiggins, Atlanta, GA, for Plaintiffs-Appellants.

Nancy I. Jordan, Fred D. Bentley, Jr., Bentley, Bentley & Bentley, James W. Friedewald, Edwards, Friedewald & Grayson, Marietta, GA, for Defendants-Appellees.

Before BLACK, HULL and FARRIS, Circuit Judges.

PER CURIAM:

The plaintiffs, This That and The Other Gift and Tobacco, Incorporated, and Christopher Prewett, appeal the district court's grant of summary judgment in favor of the defendants on their First Amendment challenge to Georgia's obscenity statute, O.C.G.A. § 16-12-80. This is the second time this Court has considered the plaintiffs' challenge to this same statute. See This That and the Other Gift and Tobacco, Inc. v. Cobb County, Ga., ...

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