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ORIGINAL FAYETTE CTY. CIVIC & WELFARE LEAGUE, INC. v. ELLINGTON

Civ. A. No. C-69-266.

309 F.Supp. 89 (1970)

The ORIGINAL FAYETTE COUNTY CIVIC AND WELFARE LEAGUE, INC., et al., Plaintiffs, v. Buford ELLINGTON, Governor of the State of Tennessee, et al., Defendants.

United States District Court, W. D. Tennessee, W. D.

February 9, 1970.

Attorney(s) appearing for the Case

Ratner, Sugarmon, Lucas & Willis, and Russell X. Thompson, Memphis, Tenn., for plaintiffs.

Joe A. Dycus, Cooperating Atty., Memphis, Tenn., American Civil Liberties Union, West Tennessee Chapter, intervening as amicus curiae.

David M. Pack, Atty. Gen., State of Tenn. and Thomas E. Fox, Deputy Atty. Gen., Nashville, Tenn., for Ellington and Pack.

J. P. Matthews, Somerville, Tenn., for Yancy, Burrow and Howse.

J. P. Matthews, and Joe N. Cocke, Somerville, Tenn., for Rhea, Rike, Tapp, Cooksey, Price, Minor, Walters, Fair, Powers, Rosser, Fisher, Rhea, Barnes, Thompson, Shinault, Sanders, Damron, Peaks and Hampton.

Joe N. Cocke, Somerville, Tenn., for Bowling, Luck and Tomlin.

Will Abernathy and Preston Park, pro se.

Paul R. Summers, pro se.

Thomas E. Fox, Deputy Atty. Gen. Nashville, Tenn., for Gray.

Before PHILLIPS, Chief Circuit Judge, BROWN, Chief District Judge, and McRAE, District Judge.

OPINION

BAILEY BROWN, Chief District Judge.

In this class action, in which a three-judge court has been convened, plaintiffs attack the Tennessee "Riot" (T.C.A. §§ 39-5101, 39-5102) and "Disorderly Conduct" (T.C.A. § 39-1213) statutes and common law offense of criminal trespass, alleging that such statutes and offense are unconstitutional in that they are vague and overbroad and further that they have been unconstitutionally applied to plaintiffs...

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