Barnes, Prosecutor of the County of St. Robert C. Rosenfeld, South Bend, Ind. This case is before the court on remand from the Seventh Circuit Court of Appeals. On October 10, , a permanent injunction was issued. The injunction was appealed and on September 30, , the Seventh Circuit, speaking through Chief Judge Cummings, reversed this court's order and remanded the matter.
Glen Theatre, Inc. Pearson, F. This court consolidated the Glen Theatre case with Miller v. A hearing was held in open court on January 11, At that time this Judge set deadlines for filing briefs and proposed findings of fact and conclusions of law by all parties. Those briefs have since been filed and oral argument was heard on July 15, , at which time this court took the matter under advisement. It is now prepared to render its decision in this case.
This court adopts the findings of facts as set forth in its Memorandum and Order in the Glen Theatre action, which was dated July 26, The relevant portion of that Memorandum and Order is attached hereto as Appendix "A".
This court also adopts the statement of facts set forth by Judge Robert L. Miller, Jr. The relevant portion of that Memorandum and Order is attached hereto as Appendix "B". The relevant portion of that Memorandum and Order is attached hereto as Appendix "C". The concept of the "law of the case" has specific application here. An inferior court must apply the decision of a superior appellate court.
United States of America v. City of Chicago, F. The decision of the Seventh Circuit Court of Appeals in this case has at least two salient features. First, it specifically cited with approval the decision of the Supreme Court of Indiana in State of Indiana v. Baysinger, Ind. Secondly, it reversed this court's decision which had been based on First Amendment considerations. The composite effect of the decision of the Court of Appeals in this case is to create narrow constraints for this court's present decisional process.
