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TENNESSEE SCRAP RECYCLERS ASS'N v. BREDESEN

No. 08-5824.

556 F.3d 442 (2009)

TENNESSEE SCRAP RECYCLERS ASSOCIATION, Metal Management Memphis, LLC, and H. Iskiwitz & Co., Inc., Plaintiffs-Appellants, v. Phil BREDESEN, Governor of the State of Tennessee, The City of Memphis, Willie Herenton, Mayor of the City of Memphis, Larry A. Godwin, Chief of Police for the City of Memphis, and William L. Gibbons, in his official capacity as District Attorney for the Thirtieth Judicial District, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2009.

Attorney(s) appearing for the Case

ARGUED: James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, for Appellants. Philip E. Oliphant, City of Memphis, Memphis, Tennessee, Steven Ashley Hart, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. Paul H. Morris, Martin, Tate, Morrow & Marston, Memphis, Tennessee, for Amici Curiae. ON BRIEF: James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, John Ward McQuiston II, Evans & Petree, Memphis, Tennessee, for Appellants. Philip E. Oliphant, City of Memphis, Memphis, Tennessee, Steven Ashley Hart, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. Paul H. Morris, Adam Calhoun Simpson, Martin, Tate, Morrow & Marston, Memphis, Tennessee, Danielle F. Waterfield, Institute of Scrap Recycling Industries, Washington, D.C., for Amici Curiae.

Before: MARTIN and GILMAN, Circuit Judges; CARR, Chief District Judge.

BOYCE F. MARTIN, JR., Circuit Judge.

OPINION

The Tennessee Scrap Recyclers Association and its co-plaintiffs, two scrap metal dealers in Memphis, Tennessee (collectively "the scrap dealers"), appeal the district court's denial of their motion for a preliminary injunction to enjoin enforcement of a Memphis ordinance requiring scrap metal dealers to "tag and hold" the scrap metal they acquire for a period of ten days. The scrap dealers also appeal the district...

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