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ATM EXP., INC. v. MONTGOMERY, ALABAMA

Civil Action No. 2:04cv990-WC.

516 F.Supp.2d 1242 (2007)

ATM EXPRESS, INC., Plaintiff, v. MONTGOMERY, ALABAMA, Defendant.

United States District Court, M.D. Alabama, Northern Division.

September 27, 2007.

Attorney(s) appearing for the Case

Donald Mayer Briskman, Briskman & Binion, PC, Mobile, AL, Gary Scott Edinger, Gary S. Edinger & Associates, P.A., Gainesville, FL, for Plaintiff.

Walter R. Byars, Steiner Crum & Byars PC, Kimberly Owen Fehl, City of Montgomery, Legal Division, Montgomery, AL, for Defendant.

MEMORANDUM OPINION AND JUDGMENT

WALLACE CAPEL, JR., United States Magistrate Judge.

This Court previously resolved liability in favor of Plaintiff, ATM Express, Inc. (ATM), and entered Judgment on July 8, 2005, holding Montgomery, Alabama's licensing ordinance unconstitutional as applied to ATM. Memorandum Opinion and Order (Doc. # 35); Judgment and Injunction (Doc. # 36). Only the issue of damages remains pending before the Court. The Court held a two-day...

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