ENTERTAINMENT PRODUCTIONS, INC. v. SHELBY COUNTY

No. 11-6396.

721 F.3d 729 (2013)

ENTERTAINMENT PRODUCTIONS, INC., Platinum Rose, Inc., 777 Memphis, Inc., Manhattan, Inc., and Tennessee Entertainment Concepts, Inc., Tennessee Corporations; 2882 Lambs Place, L.L.C., a Tennessee Limited Liability Company; 600 Marshall Entertainment Concepts, LLC, a Tennessee Limited Liability Corporation, Plaintiffs-Appellants, v. SHELBY COUNTY, TENNESSEE, a Political Subdivision of the State of Tennessee; City of Memphis, a Tennessee Municipal Corporation, Defendants-Appellees, Robert E. Cooper, Jr., Tennessee Attorney General, Intervenor Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 9, 2013.


Attorney(s) appearing for the Case

ARGUED: J. Michael Murray , Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellants. Robert B. Rolwing , Shelby County, Tennessee, Memphis, Tennessee, for Appellee Shelby County. Steven A. Hart , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee Attorney General. ON BRIEF: J. Michael Murray , Raymond V. Vasvari, Jr. , Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellants. Robert B. Rolwing , Shelby County, Tennessee, Memphis, Tennessee, Roane Waring III , City of Memphis, Nashville, Tennessee, for Appellee Shelby County. Steven A. Hart , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee Attorney General.

MOORE, J. (pp. 744-46), delivered a separate opinion concurring in the judgment.


OPINION

BOGGS, Circuit Judge.

In this second chapter of the litigation over Shelby County Ordinance 344, Entertainment Productions, Inc., et al., seek to resuscitate their case against Shelby County and the State of Tennessee after a final judgment against them in the district court below. The appellants, a group of business entities that collectively own a substantial fraction of the adult nightclubs in Memphis, seek to enjoin and invalidate the...

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