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PHILLIPS v. TOWNSHIP OF DARBY, PENNSYLVANIA

Civ. A. No. 69-2462.

305 F.Supp. 763 (1969)

Bernice C. PHILLIPS, Plaintiff, v. TOWNSHIP OF DARBY, PENNSYLVANIA; the Township Board of Commissioners of the Township of Darby, Pennsylvania; William O. Johnson, Chief of Police of the Township of Darby Police Department; and Joseph J. Di Luzio, Justice of the Peace in the Township of Darby, Pennsylvania, Defendants.

United States District Court E. D. Pennsylvania.

October 31, 1969.

Attorney(s) appearing for the Case

Richard, Brian & DiSanti, Jack Brian, Upper Darby, Pa., for plaintiff.

Edward A. Savastio, Glenolden, Pa., for defendants.

OPINION

JOSEPH S. LORD, III, District Judge.

The plaintiff, invoking the jurisdiction of this court under 28 U.S.C. § 1343(3) and (4), brings this suit in equity under 42 U.S.C. § 1983 alleging the deprivation, under color of a municipal ordinance, of her constitutional right to free speech. Plaintiff seeks a preliminary injunction against the enforcement of Ordinance No. 304 of the Township of Darby and, in addition, asks for a declaratory judgment...

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