FREMED v. JOHNSON

Civ. A. No. C-1625.

311 F.Supp. 1116 (1970)

Beth Susan FREMED and John Paul Kirkland, Plaintiffs, v. Stanley F. JOHNSON, Donald Vendel, Marvin D. Nelson and Duke Dunbar, Defendants.

United States District Court, D. Colorado.

April 9, 1970.


Attorney(s) appearing for the Case

John A. Purvis, Boulder, Colo., for plaintiff Beth Susan Fremed.

John H. Bisbee, Boulder, Colo., for plaintiff John Paul Kirkland.

Michael T. Haley, Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, Colo., and Marvin B. Woolf, Asst. Dist. Atty., Boulder, Colo., on the brief), for defendants Stanley F. Johnson, Marvin D. Nelson and Duke Dunbar.

Before HILL, Circuit Judge, and KERR and DOYLE, District Judges.


HILL, Circuit Judge.

The genesis of the controversy presented to this statutory three-judge court is in two Colorado state court suits charging Fremed and Kirkland with viloating the Colorado flag desecration statute.1 Fremed has been tried by a jury and convicted and currently has an appeal pending before the Colorado Supreme Court. Kirkland's trial was set for September 15, 1969, but he failed to appear and his whereabouts are now unknown...

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