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FRANK'S CHICKEN HOUSE, INC. v. MAYOR AND COUNCIL OF BOROUGH OF MANVILLE

208 N.J. Super. 542 (1986)

506 A.2d 751

FRANK'S CHICKEN HOUSE, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF MANVILLE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, COUNTY OF SOMERSET, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1986.

Attorney(s) appearing for the Case

Brian J. Molloy argued the cause for appellant (Wilentz, Goldman & Spitzer, attorneys; Brian J. Molloy, on the brief).

Russel B. Teschon argued the cause for respondent (Russel B. Teschon, attorney; Brian J. Teschon, on the brief).

Before Judges DREIER and GRUCCIO.

The opinion of the court was delivered by GRUCCIO, J.S.C. (temporarily assigned).

Plaintiff appeals, as insufficient, counsel fees awarded it pursuant to 42 U.S.C.A. § 1988 following its successful challenge of an ordinance prohibiting live nude dancing in the Borough of Manville. Defendant cross appeals from any award of an attorney's fee, and argues alternatively that the amount fixed below is adequate.

Plaintiff based its challenge to the ordinance...

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