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CINEMA ART THEATER, INC. v. CITY OF TROY

No. 1:09-cv-413 (GLS*RFT).

810 F.Supp.2d 489 (2011)

CINEMA ART THEATER, INC., Plaintiff, v. CITY OF TROY; Mayor Henry Tutunjian; Fire Chief Thomas O. Garrett; City Engineer Russ Reeves; John Doe; and Richard Roe, Defendants.

United States District Court, N.D. New York.

August 26, 2011.

Attorney(s) appearing for the Case

Kindlon, Shanks Law Firm, of Counsel, Terence L. Kindlon, Esq., Albany, NY, for the Plaintiff.

Pattison, Sampson Law Firm, of Counsel, Donald J. Shanly, Esq., Jonathan G. Schopf, Esq., Michael E. Ginsberg, Esq., Troy, NY, for the Defendants.

MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

Plaintiff Cinema Art Theater, Inc., an adult movie theater, commenced this action pursuant to 42 U.S.C. §§ 1982, 1983, 1985, and 1988 alleging violations of its constitutional rights in connection with defendants' removal of its marquee. (2d Am. Compl., Dkt. No. 36.) Pending is defendants' motion for summary judgment, (Dkt. No...

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