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NASER JEWELERS, INC. v. CITY OF CONCORD, N.H.

No. 08-1305.

538 F.3d 17 (2008)

NASER JEWELERS, INC., Plaintiff, Appellant, v. CITY OF CONCORD, NEW HAMPSHIRE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 12, 2008.

Attorney(s) appearing for the Case

John F. Winston, Winston & Bragg, Stephen H. Roberts, and Hoefle Phoenix & Gormley, P.A., on brief for appellant.

John T. Alexander, Charles P. Bauer, and Ransmeier & Spellman on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

Naser Jewelers, Inc. appeals an order of the district court granting summary judgment to the city of Concord, New Hampshire.

Earlier this year in Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (1st Cir. 2008), this court affirmed the denial of Naser's ("NJI"'s) motion for a preliminary injunction against the enforcement of a city ordinance prohibiting all Electronic Messaging Centers ("EMCs...

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