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UPPER MIDWEST BOOKSELLERS v. CITY OF MINNEAPOLIS

No. Civ. 4-85-5.

602 F.Supp. 1361 (1985)

The UPPER MIDWEST BOOKSELLERS ASSOCIATION, a Minnesota corporation, and Harvey Hertz, d/b/a A Brother's Touch Bookstore, Plaintiffs, v. The CITY OF MINNEAPOLIS, a municipal corporation, Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 25, 1985.

Attorney(s) appearing for the Case

Randall D.B. Tigue, Volunteer Atty., Minnesota Civil Liberties Union, Minneapolis, Minn., for plaintiffs.

Robert J. Alfton, Minneapolis City Atty., and David M. Gross, Asst. City Atty., Minneapolis, Minn., for defendant.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on plaintiffs' motion for a preliminary and permanent injunction1 restraining the City of Minneapolis from enforcing that portion of a city ordinance which would prohibit the open display of sexually explicit materials which are deemed harmful to minors.

FACTS

The action before the Court is a first amendment challenge to a Minneapolis...

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