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NORDYKE v. SANTA CLARA COUNTY

No. 96-16377.

110 F.3d 707 (1997)

Russell Allen NORDYKE; Sallie Nordyke, dba TS Trade Shows, Plaintiffs-Appellees, v. SANTA CLARA COUNTY; Santa Clara County Fairgrounds Management Corporation, Inc., a California nonprofit corporation; Michael Honda; Bianca Alvarado; Ron Gonzales; James T. Beall, Jr.; Dianne Mckenna; Carl Cookson; Barbara Perzigian; Robert Quinlan; Jaime Rosso; Jack Rouleau; Steve Tedesco; John Vidovich, in their official capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 13, 1997.

Resubmitted March 14, 1997.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Paul A. Bruno, Thelen, Marrin, Johnson & Bridges, San Jose, CA, for defendants-appellants.

Joseph D. Wargo and Russell S. Bogue, Holland & Knight, Atlanta, GA, and Edward P. Davis, Jr., Genesis Law Group, LLP, San Jose, CA, for plaintiffs-appellees.

John A. Crose, Jr., O'Melveny & Myers, Los Angeles, CA, Robert Fabela, Deputy City Attorney, San Jose, CA, for amici curiae.

Before SNEED, LEAVY, and THOMAS, Circuit Judges.

SNEED, Circuit Judge:

This is an appeal from a preliminary injunction preventing the enforcement of an addendum to the lease between the Santa Clara County Fairgrounds Management Corporation (SCCFMC) and the owner of the Fairgrounds, Santa Clara County. The addendum, approved by the County Board of Supervisors on January 23, 1996, reads as follows: "[e]xcept for uses that are required under Existing Contracts, Tenant [SCCFMC] shall not permit any gun shows on the...

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