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EATON v. PRICE

No. 30.

364 U.S. 263 (1960)

OHIO EX REL. EATON v. PRICE, CHIEF OF POLICE.

Supreme Court of United States.

Decided June 27, 1960.

Attorney(s) appearing for the Case

Greene Chandler Furman and Elbert E. Blakely argued the cause for appellant. With them on the briefs were Stanley Denlinger and Stanley Robinson, Jr.

Charles S. Rhyne and Joseph P. Duffy argued the cause for appellee. With them on the briefs was S. White Rhyne, Jr.

Roger Arnebergh, Alexander G. Brown, Claude V. Jones, Henry P. Kucera, John C. Melaniphy, David Stahl and Harrison L. Winter filed a brief for the Member Municipalities of the National Institute of Municipal Law Officers, as amici curiae, urging affirmance.

PER CURIAM.

The judgment is affirmed by an equally divided Court.

MR. JUSTICE STEWART took no part in the consideration or decision of this case.

MR. JUSTICE BRENNAN, with whom THE CHIEF JUSTICE, MR. JUSTICE BLACK, and MR. JUSTICE DOUGLAS join.

The judgment of the Ohio Supreme Court in this case is being affirmed ex necessitate, by an equally divided Court. Four of the Justices participating...

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