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CLINTON BOOKS, INC. v. CITY OF MEMPHIS

197 S.W.3d 749 (2006)

CLINTON BOOKS, INC. v. CITY OF MEMPHIS.

Supreme Court of Tennessee, at Jackson.

April 25, 2006.

Order on Denial of Rehearing July 21, 2006.

Attorney(s) appearing for the Case

Michael F. Pleasants, Memphis, Tennessee, for the Appellant-Plaintiff, Clinton Books, Inc.

Bradley J. Shafer and Edward M. Bearman, Memphis, Tennessee, for the Appellant-Intervenor, Fantasy Warehouse, Inc.

Steven D. Townsdin, Memphis, Tennessee, for the Appellee-Defendant, City of Memphis.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Steven Ashley Hart, Assistant District Attorney General, for the Appellee-Intervenor, State of Tennessee.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the court, in which WILLIAM M. BARKER, C.J., and E. RILEY ANDERSON, ADOLPHO A. BIRCH, JR., and CORNELIA A. CLARK, JJ., joined.

This appeal relates to the plaintiffs' challenge to the constitutionality of Tennessee Code Annotated section 7-51-1402 (1998), which regulates the hours during which adult-oriented establishments may remain open and, if violated, results in criminal penalties. We must determine...

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