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DOCTOR JOHN'S v. WAHLEN

No. 07-4131.

542 F.3d 787 (2008)

DOCTOR JOHN'S, a Utah corporation; John Haltom, Plaintiffs-Counter-Defendants-Appellants, v. G. Blake WAHLEN, in his official capacity as City Manager; Tammy Nelson, in her official capacity as Development Services Manager, Defendants-Appellees. Roy City, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 16, 2008.

Attorney(s) appearing for the Case

W. Andrew McCullough of McCullough & Associates, L.L.C., Midvale, UT, for Plaintiffs-Appellants.

Robert Keller (Jody K. Burnett of Williams & Hunt, on the brief) Salt Lake City, UT, for Defendants-Appellees.

Before KELLY, McCONNELL, and TYMKOVICH, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Doctor John's, Inc. appeals the grant of summary judgment in favor of the Defendant-Appellee City of Roy ("City") on its claim that the City's ordinance regulating sexually oriented businesses violates the First Amendment. The district court previously granted summary judgment to the City on all grounds, but we remanded for the district court to clarify what evidence it...

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