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Accordingly, there exists an alternative ground on which the district court may conclude that the Mirage and Treasure Island have shown a likelihood of success on the merits and a reasonable probability of irreparable harm. Because the district court expressly declined to address this issue, however, remand for further consideration is necessary. Accordingly, I dissent from the majority and prefer instead to remand the matter to the district court for a determination of whether the advertisements in fact promote illegal activity and therefore are not entitled to First Amendment protection.
Supreme Court of Nevada. A.L.M.N., INC., a Nevada corporation, d/b/a La Mirage Hotel & Casino; Robert L. Mayer, Trustee of the Robert L. Mayer Trust of 1982; Robert L. Mayer, individually, Appellants, v. Allen H. ROSOFF, Mary E. Rosoff, and Betty Rosoff, co-partners, Mirage Motel/Mirage Hotel, Respondents. No. 18189. June 24, 1988. Lionel, Sawyer & Collins and Charles McCrea, Las Vegas, for appellants. Rudiak, Oshins, Segal & Larsen and Monte Hall, Las Vegas, for respondents. OPINION PER CURIAM: The Facts Respondents Rosoffs own and operate the Mirage Motel, a forty-six-unit motel with a pool and approximately eight employees. The Rosoffs have operated the Mirage Motel under the same name since 1953. | ||
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