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HURWITT v. CITY OF OAKLAND

No. 44320.

247 F.Supp. 995 (1965)

Robert HURWITT, Morris W. Hirsch, Jerry Rubin, Stephen Smale, Stephen Weissman, individually and as members of the Vietnam Day Committee, on behalf of themselves and all others similarly situated, Plaintiffs, v. The CITY OF OAKLAND, A Municipal Corporation, John C. Houlihan, Mayor and Presiding Officer of the City Council of Oakland, Edward Toothman, Chief of Police, Oakland, John A. Morin, Acting City Manager, Oakland, Defendants.

United States District Court N. D. California, S. D.

November 17, 1965.

Attorney(s) appearing for the Case

Benjamin Dreyfus, San Francisco, Cal., Peter Franck, Berkeley, Cal., Donald A. Kerson, San Francisco, Cal., Fay Stender, Berkeley, Cal., Marvin Stender, San Francisco, Cal., Arthur Wells, Jr., Berkeley, Cal., for plaintiffs.

J. F. Coakley, Dist. Atty., of Alameda County, R. Robt. Hunter, Chief Asst. Dist. Atty., Richard J. Moore, Asst. Dist. Atty., Thos. J. Fennone, Deputy Dist. Atty., Hilton J. Melby, City Atty., and George M. Cahalan, Deputy City Atty., Oakland, Cal., for defendants and intervenor Alameda County.

SWEIGERT, District Judge.

This case comes before the Court upon an order requiring defendants to show cause why a preliminary injunction should not issue restraining them from prohibiting a certain parade planned by plaintiffs for November 20, 1965 in the Cities of Berkeley and Oakland.

The Court has determined that it has jurisdiction of the subject matter herein under the provisions of 62 Stat. 932 (1948), 28...

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