MACHESKY v. BIZZELL

No. 26832.

414 F.2d 283 (1969)

Father Nathaniel MACHESKY et al., Plaintiffs-Appellants, v. Honorable William H. BIZZELL, as Chancellor of the Chancery Court of Leflore County, Mississippi, et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied July 18, 1969.


Attorney(s) appearing for the Case

Elliott C. Lichtman, L. A. Aschenbrenner, Lawrence D. Ross, Jackson, Miss., Jonathan Shapiro, New York City, for appellants.

Stanny Sanders, Arnold F. Gwin, Hardy Lott, Greenwood, Miss., William H. Bizzell, Chancellor of Leflore County Chancery Court, Greenwood, Miss., for appellees.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.


Rehearing Denied and Rehearing En Banc Denied July 18, 1969.

BELL, Circuit Judge.

This appeal involves First Amendment rights. Suit was filed in the state court to enjoin the picketing and boycotting activities of appellants. They, in turn, sought declaratory and injunctive relief in the federal court. The federal district court denied relief and dismissed the complaint. The district court's reasoning was based on the facts that the same controversy had first...

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