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HAMER v. MUSSELWHITE

No. 23474.

376 F.2d 479 (1967)

Don HAMER et al., Appellants, v. George MUSSELWHITE, Individually and as Chief of Police of the City of Lexington, Miss., et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 5, 1967.

Attorney(s) appearing for the Case

Melvyn Zarr, New York City, Anthony G. Amsterdam, Philadelphia, Pa., Jack Greenberg, New York City, Henry M. Aronson, Carsie A. Hall, Jackson, Miss., James M. Nabrit, III, New York City, for appellants.

Peter M. Stockett, Jr., Asst. Atty. Gen., William A. Allain, Asst. Atty. Gen., Joe T. Patterson, Atty. Gen., of Mississippi, Jackson, Miss., Pat M. Barrett, Lexington, Miss., for appellees.

Before BELL and GODBOLD, Circuit Judges and NOEL, District Judge.

BELL, Circuit Judge.

Appellants, Negro residents of the City of Lexington, Holmes County, Mississippi, sought declaratory and injunctive relief against defendants, city officials and officials of Holmes County, Mississippi, contending that a 1961 city ordinance which prohibited parades without permission of the mayor and marshal of Lexington was unconstitutional. Their interest in parading was in connection with voter registration activity. The ordinance was thereafter...

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