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GLEN THEATRE, INC. v. CIVIL CITY OF SOUTH BEND

Civ. Nos. S 85-353, S 85-598 and S 85-722.

695 F.Supp. 414 (1988)

GLEN THEATRE, INC., an Indiana Corporation; Gayle Ann Marie Sutro; and Carla Johnson, Plaintiffs, v. CIVIL CITY OF SOUTH BEND; Charles Hurley, Chief of Police of the South Bend Police Department; Michael P. Barnes, Prosecutor of the County of St. Joseph, Indiana; and Linley Pearson, Attorney General of the State of Indiana, Defendants. Darlene MILLER; and Jr.'s Kitty Kat Lounge, Inc., an Indiana Corporation, Plaintiffs, v. CIVIL CITY OF SOUTH BEND; Indiana Alcoholic Beverage Commission; Charles Hurley, Chief of Police of the South Bend Police Department; Michael P. Barnes, Prosecutor of the County of St. Joseph, Indiana; and Linley Pearson, Attorney General of the State of Indiana, Defendants. Sandy DIAMOND; Lynn Jacobs; 720 Corporation, an Indiana Corporation, and 726 Corporation, an Indiana Corporation, Plaintiffs, v. CIVIL CITY OF SOUTH BEND; Charles Hurley, Chief of Police of the South Bend Police Department; Michael P. Barnes, Prosecutor of the County of St. Joseph, Indiana; Linley Pearson, Attorney General of the State of Indiana; and Indiana Alcoholic Beverage Commission, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

September 9, 1988.

Attorney(s) appearing for the Case

Charles A. Asher, South Bend, Ind., Lee J. Klein, Durand, Mich., for Glen Theatre, Inc., et al.

Charles A. Asher, South Bend, Ind., for Darlene Miller, et al.

James F. Korpal, South Bend, Ind., for Sandy Diamond, et al.

Robert C. Rosenfeld, South Bend, Ind., William Daily, Chief Counsel, Indianapolis, Ind., for Civil City of South Bend, et al.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This case is before the court on remand from the Seventh Circuit Court of Appeals. In a Memorandum and Order signed by this Judge on July 26, 1985, defendants were preliminarily enjoined from arresting

[695 F.Supp. 415]
or prosecuting or threatening to arrest or prosecute plaintiffs. On October 10, 1985, a permanent injunction was issued. The injunction was appealed and on September...

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