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KINOY v. DISTRICT OF COLUMBIA

No. 21262.

400 F.2d 761 (1968)

Arthur KINOY, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 29, 1968.

Attorney(s) appearing for the Case

Mr. Anthony G. Amsterdam, Philadelphia, Pa., with whom Messrs. Morton Stavis, Newark, N. J., and Philip J. Hirschkop, Alexandria, Va., were on the brief, for appellant.

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

Mr. David Rein, Washington, D. C., filed a brief on behalf of National Lawyers Guild, as amicus curiae, urging reversal.

Messrs. William M. Kunstler, New York City, and Joseph Forer, Washington, D. C., filed a brief as amicus curiae, urging reversal.

Messrs. Robert F. Drinan, Robert B. McKay and Wm. Warfield Ross, et al., filed a brief as amicus curiae, urging reversal.

Before DANAHER, WRIGHT and ROBINSON, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

Appellant was convicted after a trial without a jury in the District of Columbia Court of General Sessions of disorderly conduct purportedly in violation of 22 D.C.Code § 1107 (1967). His conviction was affirmed by the District of Columbia Court of Appeals in a per curiam opinion and this court granted leave to appeal.

I

The charge of disorderly conduct relates to appellant's activities on August 17, 1966...

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