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BRADFORD v. CITY OF SOMERSET, KY.

No. 9463.

138 F.2d 308 (1943)

BRADFORD et al. v. CITY OF SOMERSET, KY., et al.

Circuit Court of Appeals, Sixth Circuit.

October 20, 1943.

Attorney(s) appearing for the Case

Victor F. Schmidt, of Rossmoyne, Ohio (Hayden C. Covington, of Brooklyn, N. Y., and Victor F. Schmidt, of Rossmoyne, Ohio, on the brief), for appellants.

C. L. Tarter and R. C. Tartar, both of Somerset, Ky., for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The question presented on this appeal is whether the District Court erred in dismissing the above cause for lack of jurisdiction.

Appellants are members of Jehovah's Witnesses, who were arrested for distributing their literature without a license, which was required by ordinance of the City of Somerset. On moton to dismiss, filed by appellees, the District Court held, under the authority of Jones v. City of Opelika,

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