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SCHNELL v. CITY OF CHICAGO

No. 17147.

407 F.2d 1084 (1969)

Frederick T. SCHNELL, individually and as President of the Chicago chapter of the American Society of Magazine Photographers; P. Michael O'Sullivan; Howard Michael Berliant; and Daniel D. Morrill, on behalf of themselves and all other members of the press similarly situated, Plaintiffs-Appellants, v. CITY OF CHICAGO; James B. Conlisk, Superintendent of Police of the City of Chicago; and certain officers of the Police Department of the City of Chicago, whose true identities are unknown to plaintiffs, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

March 17, 1969.

Attorney(s) appearing for the Case

Stanley A. Bass, Edwin A. Rothschild, David C. Long, Willard J. Lassers, Chicago, Ill., for appellants.

Irving Leuchter, Newark, N. J., amicus curiae.

Raymond F. Simon, Marvin E. Aspen, Stuart Sikevitz, Chicago, Ill., for appellees.

Before HASTINGS, Senior Circuit Judge, SWYGERT and CUMMINGS, Circuit Judges.

SWYGERT, Circuit Judge.

This is an appeal from the district court's dismissal on its own motion of the plaintiffs' complaint which was brought under 42 U.S.C. § 1983. The complaint was filed Wednesday, August 28, 1968, during the middle of the week of the Democratic National Convention which was held in Chicago. The plaintiffs are news photographers who covered the Convention and attendant street activities during that week. The suit is a class action on behalf...

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