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LeCLAIR v. O'NEIL

Civ. A. No. 69-748-J.

307 F.Supp. 621 (1969)

Ann Marie LeCLAIR, Mary Linda Lusk, Ruth Vadney, Jill Watts, William Pastreich, National Welfare Rights Organization, Massachusetts Welfare Rights Organization, Worcester Welfare Rights Organization, individually and on behalf of other persons similarly situated, Plaintiffs, v. George D. O'NEIL, Chief of Police of the City of Worcester, William T. Buckley, District Attorney for the City of Worcester, Robert H. Quinn, Attorney General of the Commonwealth of Massachusetts, John P. Guilfoil, Director of the Worcester Welfare Service Office, Robert Ott, Commissioner of Welfare for the Commonwealth of Massachusetts, individually and in their official capacities, Defendants.

United States District Court D. Massachusetts.

December 23, 1969.

Attorney(s) appearing for the Case

Allan G. Rodgers, Lawrence Kotin, Massachusetts Law Reform Institute, Boston, Mass., Joseph Choate III, Neighborhood Legal Services of Worcester, Inc., Worcester, Mass., for plaintiffs; Stephen Bardige, Cambridge, Mass., Mass. Welfare Rights Organization, of counsel.

Robert H. Quinn, Atty. Gen., John Wall, Lawrence P. Cohen, Asst. Attys. Gen., Boston, Mass., for defendants.

Before ALDRICH, Circuit Judge, JULIAN and GARRITY, District Judge.

ALDRICH, Circuit Judge.

Before isolating the questions of standing which we find determinative of this case in which three judges in the District of Massachusetts are asked to consider the constitutionality of a Massachusetts disturbing-the-peace statute, a detailed statement of the facts and background would be appropriate.

On June 20, 1969 another panel of three judges sitting in this district in the case of Hurley v. Hinckley, Chief of Police,

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