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TENNESSEE SCRAP RECYCLERS ASSOCIATION, METAL MANAGEMENT MEMPHIS, LLC, and H. ISKIWITZ & CO., INC.,
Plaintiffs-Appellants,
v.
PHIL BREDESEN, Governor of the State of Tennessee, THE CITY OF MEMPHIS, WILLIE HERENTON, Mayor of the City of Memphis, LARRY A. GODWIN, Chief of Police for the City of Memphis, and WILLIAM L. GIBBONS, in his official capacity as District Attorney for the Thirtieth Judicial District,
Defendants-Appellees.


No. 08-5824

Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 08-02073—Bernice B. Donald, District Judge.
Argued: December 11, 2008
Decided and Filed: February 13, 2009
Before: MARTIN and GILMAN, Circuit Judges; CARR, Chief District Judge.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. The Tennessee Scrap Recyclers Association and its co-plaintiffs, two scrap metal dealers in Memphis, Tennessee (collectively “the scrap dealers”), appeal the district court’s denial of their motion for a preliminary injunction to enjoin enforcement of a Memphis ordinance requiring scrap metal dealers to “tag and hold” the scrap metal they acquire for a period of ten days. The scrap dealers also appeal the district court’s denial of their motion for partial summary judgment on the constitutionality of the law.

The scrap dealers argue that the “tag and hold” ordinance is unconstitutional in four ways: first, they argue that it violates the dormant commerce clause, either as a direct regulation of interstate commerce or an undue burden upon it; second, they argue that it takes property without just compensation; third, they argue that it takes property without procedural due process; and fourth, they argue that it violates federal law by restricting the use of legal tender and infringing upon the federal power to coin money.

Because we find that none of the scrap dealers’ arguments is likely to succeed on the merits, and that they have not shown they are entitled to partial summary judgment, we AFFIRM.


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ANSWERS IN GENESIS OF KENTUCKY, INC.,
Plaintiff-Appellee/Cross-Appellant,
v.
CREATION MINISTRIES INTERNATIONAL, LTD.,
Defendant-Appellant/Cross-Appellee.


Nos. 08-6014/6032

Appeal from the United States District Court
for the Eastern District of Kentucky at Covington.
No. 08-00053—William O. Bertelsman, District Judge.
Argued: January 21, 2009
Decided and Filed: February 13, 2009
Before: COLE and GIBBONS, Circuit Judges; BELL, District Judge.

_________________________
OPINION
_________________________

JULIA SMITH GIBBONS, Circuit Judge. This appeal presents multiple issues of first impression for our circuit. Defendant-appellant Creation Ministries International, Ltd., (“CMI”) appeals the district court’s order compelling arbitration of its disputes with fellow ministry Answers in Genesis of Kentucky, Inc. (“AiG”). Specifically, CMI asserts that the district court erred in declining to dismiss AiG’s suit on the basis of the contracts’ forum selection clause, declining to abstain in favor of CMI’s prior-filed Australian litigation, and compelling arbitration on all of AiG’s claims. AiG crossappeals the district court’s order declining to issue a foreign antisuit injunction to block CMI from further pursuing its Australian litigation. We hold that the district court properly compelled the parties to arbitration and did not abuse its discretion in declining to issue an antisuit injunction based upon the facts as they now stand. We therefore affirm the judgment of the district court in its entirety.