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LISA'S PARTY CITY, INC. v. TOWN OF HENRIETTA

Docket No. 98-7695.

185 F.3d 12 (1999)

LISA'S PARTY CITY, INC., doing business as Party City, and Gary R. Blum, Plaintiffs-Appellants, v. TOWN OF HENRIETTA, Town of Henrietta Zoning Board of Appeals, Roger Gates, Andrew Malcolm, Jody Pulsifer, Robert Steidle, Valeri Schillinger, Patricia Larocca, Florian Sobolewski and A. David Pirrello, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 20, 1999.

Attorney(s) appearing for the Case

Glenn E. Pezzulo, Culley, Marks, Tanenbaum, Capell & Pezzulo, Rochester, NY, for Plaintiffs-Appellants.

Thomas A. Lenweaver, Trevett, Lenweaver & Salzer, P.C., Rochester, NY, for Defendants-Appellees.

Before: LEVAL, POOLER, and HEANEY, Circuit Judges.

HEANEY, Senior Circuit Judge:

Lisa's Party City, Inc., doing business as Party City, and its president, Gary Blum (collectively "Party City"), appeal from an adverse grant of summary judgment in an action alleging violation of the Lanham Act, 15 U.S.C. § 1121(b), and civil rights violations under 42 U.S.C. § 1983, arising out of a decision by the Town of Henrietta ("the Town") denying Party City's request for a sign permit variance. Party City contends that...

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