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UNITED STEELWORKERS OF AMERICA (AFL-CIO) v. BAGWELL

No. 10130.

383 F.2d 492 (1967)

UNITED STEELWORKERS OF AMERICA (AFL-CIO), an unincorporated association, and Joe Kirk, Jr., Appellants, v. J. Garner BAGWELL, Mayor, J. D. Myers, Chief of Police, and Wilkes Kivet, Wesley Shell, Sherman, Mitchell, Clarence Stimpson, Clement Wilhelm and A. L. Mills, Jr., Councilmen of the City of Statesville, North Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 13, 1967.

Attorney(s) appearing for the Case

Jerome A. Cooper, Birmingham, Ala. (Bernard Kleiman, Chicago, Ill., Elliot Bredhoff, Michael H. Gottesman, Washington, D. C., and James B. Ledford, and Ledford & Ledford, Charlotte, N. C., and Cooper, Mitch, Johnston & Crawford, Birmingham, Ala., on the brief), for appellants.

T. C. Homesley, Jr., Mooresville, N. C. (Collier, Harris & Collier, Statesville, N. C., on the brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

We think the District Judge improperly abstained in this action to enjoin the enforcement of two municipal ordinances and that injunctive relief should have been granted.

By the passage of two ordinances,1 the City of Statesville, North Carolina, sought to control the solicitation of memberships, for which there was a charge, in clubs, associations and unions by making it unlawful to distribute or place...

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