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MID-STATE FOOD DEALERS v. CITY OF DURAND

No. 80-40385.

525 F.Supp. 387 (1981)

MID-STATE FOOD DEALERS ASSOCIATION, A Michigan non-profit corporation, Plaintiff, v. The CITY OF DURAND, MICHIGAN, a municipal corporation, Defendant.

United States District Court, E. D. Michigan, S. D.

October 20, 1981.

Attorney(s) appearing for the Case

Anthony Mansour, Flint, Mich., for plaintiff.

Samuel S. Reiter, Owosso, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

I FACTS

This action arises out of an ordinance enacted by the city of Durand (hereafter defendant) on November 3, 1980. The ordinance provides that all businesses subject to city licensing requirements must be closed between the hours of 2:00 a. m. and 6:00 a. m. The ordinance does, however, contain a limited exception allowing a business to remain open during the prohibited hours if it can...

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