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BEN RICH TRADING, INC. v. CITY OF VINELAND

No. 95-5846.

126 F.3d 155 (1997)

BEN RICH TRADING, INC.; Alexander Trombetta v. CITY OF VINELAND; Joseph E. Romano, Mayor; Mark Ruskoski, President; Michael I. Pantalione; Gary L. Stanker; Lea L. Shapiro; Robert G. Rone; John Zagari; Anthony Bracall; David Ricci; Stanley Panco; Robert Blough; Paul Trivellini; John Fuentes; Edwin Bergamo, Jr. City of Vineland, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

Gerald T. Ford (argued), Landman, Corsi, Ballaine & Ford, Newark, NJ, for Appellant.

F.Michael Daily, Jr. (argued), Quinlan, Dunne & Daily, Merchantville, NJ, for Appellee.

Before: SLOVITER, Chief Judge and ROTH, Circuit Judges, and LUDWIG, District Judge.

OPINION OF THE COURT

SLOVITER, Chief Judge.

The City of Vineland appeals from a preliminary injunction issued by the district court which (1) enjoined the City from enforcing a municipal ordinance that restricted the hours of operation of sexually oriented businesses and (2) enjoined the City from enforcing a municipal ordinance that prohibited live entertainment in private "conversation booths" in adult bookstores. The City argues that the ordinances were...

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