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DESERT SUBWAY, INC. v. CITY OF TEMPE

No. CIV-03-2021-PHX-ROS.

322 F.Supp.2d 1036 (2003)

DESERT SUBWAY, INC., et al., Plaintiff, v. CITY OF TEMPE, Defendant.

United States District Court, D. Arizona.

December 5, 2003.

Attorney(s) appearing for the Case

John E. Lundin, Jeffrey David Gross, Gallagher & Kennedy PA, Phoenix, AZ, for Plaintiffs.

Clifford L. Mattice, Marlene Anne Pontrelli, City Attorney's Office, Tempe, AZ, for Defendant.

ORDER

SILVER, District Judge.

Plaintiffs Desert Subway, Inc. and R & R Foods, Inc. sought a preliminary injunction requiring the City of Tempe (the "City") to issue permits allowing them to display yellow and white "Subway" signs on their buildings, or in the alternative, enjoining the City from taking action to prevent them from displaying those signs. The Court granted the injunctive relief requested at a hearing on November 13, 2003. This is the opinion...

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