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EAST BROOKS BOOKS, INC. v. CITY OF MEMPHIS

No. 09-6254.

633 F.3d 459 (2011)

EAST BROOKS BOOKS, INC., dba Getwell Bookmart; Airport Adult Theater; Pete Patel; Lisa Wright; Stacy Collins; Betty Powers, Plaintiffs, Steve C. Cooper; Southern Entertainment Management Co., Inc., dba Club Tiffany, Plaintiffs-Appellants, v. CITY OF MEMPHIS; W.W. Herenton; Melvin Burgess, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2011.

Attorney(s) appearing for the Case

ARGUED: J. Michael Murray , Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellants. Thomas Roane Waring III , City Attorney's Office, Memphis, Tennessee, for Appellees. ON BRIEF: J. Michael Murray , Raymond V. Vasvari, Jr. , Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellants. Thomas Roane Waring III , City Attorney's Office, Memphis, Tennessee, for Appellees.

CLAY, J., delivered the opinion of the court, in which KENNEDY, J., joined. KETHLEDGE, J. (p. 468-69), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

CLAY, Circuit Judge.

Plaintiffs Steve C. Cooper and Southern Entertainment Management Company, Inc., appeal the denial of their motion for relief of judgment pursuant to Federal Civil Procedure Rules 60(b)(5) and (6). At issue is a 1996 consent judgment declaring unconstitutional a 1991 city ordinance intended to regulate sexually-oriented businesses in Memphis, Tennessee.

For the reasons set forth below, we AFFIRM the decision...

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