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ZWICKER v. BOLL

No. 67-C-36.

270 F.Supp. 131 (1967)

Robert ZWICKER, Henry Haslach, Jr., Bourtai Scudder, Garrett Webb, Robert Cohen, David L. Goldman, Individually and on Behalf of those similarly situated, Plaintiffs, v. James BOLL, Individually and as District Attorney of Dane County, Wisconsin, Ralph Hanson, Individually and as Chief of the University of Wisconsin (Madison Campus) Department of Protection and Security, Wilbur H. Emery, Individually and as Chief of Police of the City of Madison, Wisconsin, William L. Buenzli, Individually and as Judge of the County Court (Branch II, Criminal) of Dane County, Franz Haas, Individually and as Sheriff of Dane County, Wisconsin, William C. Sachtjen, Individually and as Judge of the Circuit Court (Branch IV) of Dane County, Wisconsin, The Regents of the University of Wisconsin, and their agents, assistants, successors, employees, and attorneys, Defendants.

United States District Court W. D. Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

Percy L. Julian, Jr., Madison, Wis., for plaintiffs.

John P. Koberstein, Asst. Dist. Atty., Madison, Wis., for defendant Boll.

Charles A. Bleck, Asst. Atty. Gen., Thomas A. Lockyear, Asst. Atty. Gen., Madison, Wis., for defendants Hanson and The Regents of the University of Wisconsin.

William A. Jansen, Asst. City Atty., Madison, Wis., for defendant Emery.

Glenn L. Henry, Asst. Dist. Atty., Madison, Wis., for defendants Haas, Sachtjen and Buenzli.

Before FAIRCHILD, Circuit Judge, and DOYLE and GORDON, District Judges.

OPINION

MYRON L. GORDON, District Judge.

This is an action in which plaintiffs seek equitable relief to prevent their being prosecuted by officials of the state of Wisconsin for an alleged violation of Sec. 947.01, Wis.Stats. The Wisconsin statute provides as follows:

"947.01 Disorderly conduct. Whoever does any of the following may be fined not more than $100 or imprisoned not more than 30 days: (1) In a public or private place, engages in violent...

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