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ROGERS GROUP, INC. v. CITY OF FAYETTEVILLE, ARK.

No. 09-3915.

629 F.3d 784 (2010)

ROGERS GROUP, INC., Appellee, v. CITY OF FAYETTEVILLE, ARKANSAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 2010.

Attorney(s) appearing for the Case

Christopher B.T. Williams , City Attorney, argued, Wm. Robert Still, Jr. and Joel Isaac Farthing , on the brief, Fayetteville, AR, for appellant.

G. Alan Wooten , argued, Rogers, AR, Stephen R. Giles , Little Rock, AR, Robert A. Frazier and Emily M. Reynolds , Rogers, AR, on the brief, for appellee.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Rogers Group, Inc. ("Rogers Group") brought suit in district court1 against the City of Fayetteville, Arkansas, ("the City") seeking to prevent the enforcement of the City's ordinance regulating rock quarries in or near the City's corporate limits. The complaint alleged that the City lacked authority to license and regulate Rogers Group's quarry. Rogers Group moved for a preliminary injunction to enjoin the ordinance...

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