CARPENTER v. DAVIS

No. 27686.

424 F.2d 257 (1970)

Cassell CARPENTER et al., Plaintiffs-Appellants, v. Russell C. DAVIS, Mayor of Jackson, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 9, 1970.


Attorney(s) appearing for the Case

Armand Derfner, James A. Lewis, Jackson, Miss., for appellants.

Thomas H. Watkins, E. W. Stennett, City Atty., Robert G. Nichols, Jr., Jackson, Miss., for appellees.

Before RIVES, BELL and DYER, Circuit Judges.


RIVES, Circuit Judge:

Two named plaintiffs sued "as individuals and as representatives of all others who write for, publish, sell or distribute the Kudzu, or who wish or expect to in the future." The complaint described the Kudzu as a "periodical newspaper." The defendants are four officials of the City of Jackson, its Mayor, Police Justice, Prosecuting Attorney and Chief of Police.

The complaint alleged that each of the plaintiffs and several other members...

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