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KAY v. WHITE

Civ. A. No. 68-887.

286 F.Supp. 684 (1968)

Don KAY; Don Kay Enterprises, Inc. and William J. Erbacker d/b/a Tower Art Theatre, Plaintiffs, v. William J. WHITE, Individually and as Mayor of the City of Gretna; John L. Dulcich, Jr., Individually and as Alderman of the City of Gretna; Eugene Gehring, Individually and as Alderman of the City of Gretna; Louis A. LeBouef, Jr., Individually and as Alderman of the City of Gretna; Anthony Joseph Marchese, Individually and as Alderman of the City of Gretna; Gerard Schexnayder, Individually and as Alderman of the City of Gretna; Beauregard Miller, Individually and as Marshall of the City of Gretna; Danny Braun, Individually and as Police Officer of the City of Gretna; and Frank P. Marchese, Individually and as Tax Collector of the City of Gretna, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

July 16, 1968.

Attorney(s) appearing for the Case

Morey L. Sear, New Orleans, La., for plaintiffs.

Andrew H. Thalheim, Gretna, La., for defendants.

RUBIN, District Judge:

The plaintiffs leased a motion picture theater situated in the City of Gretna, Louisiana, and announced that they intended to re-open it to exhibit motion pictures, limiting attendance to persons over 18 years of age. One week later, and three days before the scheduled opening date, the Board of Aldermen of the City of Gretna, unanimously adopted the following motion:

"On a joint motion by all members of the Board of Aldermen, it was...

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