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CASSIDY v. CECI

No. 70-C-139.

320 F.Supp. 223 (1970)

Kevin CASSIDY, Arthur Patrick Doyle, Jeffrey Riordan Hinich, Michael Francis McDermott, Gilbert R. Arroya, individually and on behalf of all others similarly situated, Plaintiffs, v. Honorable Louis J. CECI, individually and as County Judge, Branch 3, Milwaukee County, Wisconsin, E. Michael McCann, individually and as District Attorney, Milwaukee County, Wisconsin, Harold A. Breier, individually and as Chief of Police, City of Milwaukee, Wisconsin, their Agents, Assistants, Successors, Employees, Attorneys, and all those acting in Concert or Cooperation with them or at their Direction or under their Control, Defendants.

United States District Court, E. D. Wisconsin.

December 2, 1970.

Attorney(s) appearing for the Case

Patricia D. McMahon, Michael J. Zimmer, William M. Coffey, Sander N. Karp, D. Winthrop Hass, Attys., Wis. Civil Liberties Union, Milwaukee, Wis., for plaintiffs.

Robert W. Warren, Atty. Gen., by Jeffrey B. Bartell, Asst. Atty. Gen., Madison, Wis., for Honorable Louis J. Ceci.

John J. Fleming, City Atty., by Patrick Madden and Thomas Hayes, Asst. City Attys., Milwaukee, Wis., for Harold A. Breier.

Michael D. Guolee, Asst. Dist. Atty., Milwaukee, Wis., for E. Michael McCann, Dist. Atty.

Before FAIRCHILD, Circuit Judge, REYNOLDS and GORDON, District Judges.

MYRON L. GORDON, District Judge.

This is an action for declaratory and injunctive relief in which the plaintiffs challenge the constitutionality of § 947.06, Wis.Stats. At a pretrial conference held on May 1, 1970, the parties agreed that this three-judge court should resolve the issue of the statute's facial invalidity. Briefs were submitted and oral arguments of counsel were heard on October 29, 1970. The defendant Breier moved to dismiss the complaint, but...

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