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TRACY v. ROBBINS

No. 10718.

373 F.2d 13 (1967)

Geneva TRACY, Victoria De Lee, Anna William, Ollie Mae Utsey, Dianne Grant, by her mother and next friend, Laureen Grant, Edna De Lee, by her mother and next friend, Cora Lee De Lee, James Lemon, by his mother and next friend, Beatrice Lemon, on their own behalf and on behalf of all others similarly situated, Appellants, v. Jack W. ROBBINS, individually and as Chief of Police of the Town of St. George, W. Duncan Horne, individually and as Mayor of the Town of St. George, J. Wilson Patrick, individually and as Town Attorney for the Town of St. George, and their agents, successors, employees, subordinates and attorneys, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 7, 1967.

Attorney(s) appearing for the Case

Henry M. diSuvero, New York City (Russell Brown, Charleston, S. C., and Carl Rachlin, New York City, on brief), for appellants.

Nathaniel L. Barnwell, Charleston, S. C. (Legare Walker, Jr., Sidney B. Jones, Jr., Summerville, S. C., Ben Scott Whaley, Charleston, S. C., Walker, Walker & Jenkins, Summerville, S. C., and Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge, and KAUFMAN, District Judge.

PER CURIAM:

This proceeding was commenced for the vindication of alleged rights under the First Amendment. It was an aftermath of the arrest and prosecution of some pickets and demonstrators in the public streets of St. George, South Carolina. The defendants are the Mayor of the Town of St. George who, in his capacity as municipal judge, presided at the trials of the arrested pickets, the Town Attorney, who acted as prosecutor in those proceedings, and the Chief of...

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