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AD WORLD, INC. v. TOWNSHIP OF DOYLESTOWN

June 12, 1985

AD WORLD, INC., Plaintiff
v.
TOWNSHIP OF DOYLESTOWN, Defendants



The opinion of the court was delivered by: WEINER

WEINER, J.

 MEMORANDUM

 Plaintiff brought this action challenging the constitutionality of an ordinance which made it unlawful to distribute advertising material by certain means to residences without the owner's or occupier's consent. We denied the plaintiff's claim for injunctive relief and damages. 510 F. Supp. 851 (E.D. Pa. 1981). On appeal, the Court of Appeals for the Third Circuit held that the ordinance was unconstitutional, and remanded the case to us for further proceedings with respect to the plaintiff's damage claim consistent with its opinion. 672 F.2d 1136 (3d Cir. 1982).

 We entered an injunction on April 13, 1982 enjoining the defendant from enforcing the ordinance. Presently before the court is the motion of the plaintiff for damages of $330,000 and attorneys fees and costs of $82,164.00. The parties agreed to submit evidence as to damages, attorneys fees and costs by affidavits of witnesses.

19850612

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