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BUSHCO v. SHURTLEFF

Nos. 12-4083, 12-4093.

729 F.3d 1294 (2013)

BUSHCO, a Utah corporation; Companions, L.L.C.; and TT II, Inc., Plaintiffs-Appellants/Cross-Appellees, v. Mark SHURTLEFF, Attorney General of the State of Utah, Defendant-Appellee/Cross-Appellant, and Chris Burbank, Salt Lake City Chief of Police, Defendant.

United States Court of Appeals, Tenth Circuit.

September 9, 2013.

Attorney(s) appearing for the Case

W. Andrew McCullough , W. Andrew McCullough, L.L.C., Midvale, UT, for Plaintiffs-Appellants.

Thom D. Roberts , Assistant Utah Attorney General ( Mark L. Shurtleff , Attorney General, with him on the brief), Salt Lake City, UT, for Defendant-Appellee.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

INTRODUCTION

Plaintiffs-Appellants — Bushco Corp; Companions, L.L.C.; and TT II, Inc. ("Appellants") — are escort services licensed as sexually oriented businesses. Defendant-Appellee is the Attorney General of the State of Utah ("Attorney General").1 Appellants brought a lawsuit in federal district court for the district of Utah, seeking declaratory and injunctive relief. They claimed that...

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