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ENTERTAINMENT PRODUCTIONS v. SHELBY COUNTY, TENN.

No. 08-5494.

588 F.3d 372 (2009)

ENTERTAINMENT PRODUCTIONS, INC., et al., Plaintiffs-Appellants, v. SHELBY COUNTY, TENN., et al., Defendants-Appellees, Robert E. Cooper, Jr., Attorney General, Intervenor Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 25, 2009.

Attorney(s) appearing for the Case

ARGUED: J. Michael Murray, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellants. Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF: J. Michael Murray, Raymond V. Vasvari, Jr., Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellants. Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office of the Tennessee Attorney General, Nashville, Tennessee, Thomas Roane Waring III, City Attorney's Office, Memphis, Tennessee, for Appellees.

BOGGS, J., delivered the opinion of the court, in which SUTTON, J., joined. MOORE, J. (p. 395-96), delivered a separate opinion concurring only in the judgment.

OPINION

BOGGS, Circuit Judge.

Plaintiffs-Appellants Entertainment Productions, Inc., et al. filed suit to challenge the constitutionality of the Tennessee Adult-Oriented Establishment Registration Act ("Act" or "Tennessee Act") on First Amendment grounds. Plaintiffs appeal from a district court's denial of a preliminary injunction against the enforcement of the Tennessee Act in Shelby County. Plaintiffs claim that the Tennessee Act is unconstitutional on...

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