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DIE BURG, INC. v. UNDERHILL

No. 79-2 Civ.Ft.M-K.

465 F.Supp. 1176 (1979)

DIE BURG, INC., a Florida Corporation, d/b/a Trammps, Plaintiff, v. Burl UNDERHILL, Individually and as Mayor of the City of Fort Myers, Florida, Morgan House, Individually and as Chief of Police of the City of Fort Myers, Florida, Frank Wanicka, Individually and as Sheriff of Lee County, Florida, Frank Watson, Individually and as City Attorney of the City of Fort Myers, Florida, Jerome Daniels, Ellis Solomon, William C. Persons, Billy Smith Compton, Francis Majewski, Individually and as members of the City Council of the City of Fort Myers, Florida, Defendants.

United States District Court, M. D. Florida, Fort Myers Division.

February 22, 1979.

Attorney(s) appearing for the Case

John Charles Coleman, Trial Counsel, Fort Myers, Fla., for plaintiff.

Frank B. Watson, Jr., City Atty., Fort Myers, Fla., for defendants.

Craig C. Mitchell, Fort Myers, Fla., for defendant, Frank Wanicka.

ORDER

KRENTZMAN, District Judge.

The Court has for consideration the plaintiff's motion for preliminary injunction.

In considering the motion, the Court is governed by Barrett v. Roberts, 551 F.2d 662, 665 (5th Cir. 1977):

In order to obtain preliminary injunctive relief, a litigant is required to demonstrate: (a) a substantial likelihood of success on the merits; (b) a substantial threat that the...

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