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STARSHIP ENTERPRISES ATLANTA v. COWETA COUNTY

No. 11-11287.

708 F.3d 1243 (2013)

STARSHIP ENTERPRISES OF ATLANTA, INC., Plaintiff-Appellant, v. COWETA COUNTY, GEORGIA, Eva Wagner, in her individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 14, 2013.

Attorney(s) appearing for the Case

George Brian Spears , G. Brian Spears, PC, Alan I. Begner , Cory G. Begner , Begner & Begner, PC, Atlanta, GA, for Plaintiff-Appellant.

Corinne Whitfield Caughman , William Joseph Linkous, III , Dana Kristin Maine , Freeman, Mathis & Gary, LLP, Darl Champion , Warshauer Law Group, PC, Atlanta, GA, Nathan Thomas Lee , Glover & Davis, PA, Newnan, GA, for Defendants-Appellees.

Before TJOFLAT, CARNES and JORDAN, Circuit Judges.

TJOFLAT, Circuit Judge:

Starship Enterprises of Atlanta, Inc. ("Starship"), a purveyor of various novelty items including sexually explicit materials, appeals the judgment of the District Court dismissing under Federal Rule of Civil Procedure 12(b)(6) its federal constitutional claims brought under 42 U.S.C. § 19831 against Coweta County, Georgia, and Eva Wagner, the Coweta County Business License Director,2

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