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SMITH v. DISTRICT OF COLUMBIA

No. 20279.

387 F.2d 233 (1967)

David A. SMITH et al., Appellants, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 27, 1967.

Attorney(s) appearing for the Case

Mr. Herbert O. Reid, Sr., Washington, D. C., with whom Mr. Frank D. Reeves, Washington, D. C., was on the brief, for appellants.

Mr. Richard W. Barton, Asst. Corporation Counsel for the District of Columbia, with whom Mr. Charles T. Duncan, Corporation Counsel, and Mr. Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee.

Mr. Milton D. Korman, Principal Asst. Corporation Counsel at the time the record was filed, also entered an appearance for appellee.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

PRETTYMAN, Senior Circuit Judge:

These appellants were among a group of demonstrators who refused to move out of a corridor in the House wing of the Capitol building when ordered to do so by the Capitol police. We find here the same considerations which led to our conclusion in Feeley v. District of Columbia,1 although the facts are different.

We believe the development of the problem will be clearer if we first examine the several...

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