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CASSIDY v. CECI

Civ. A. No. 70-C-139.

310 F.Supp. 676 (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. Brier, 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.

March 24, 1970.

Attorney(s) appearing for the Case

Sander N. Karp, Patricia D. McMahon, D. Winthrop Hass, and William M. Coffey, Milwaukee, Wis., for plaintiffs, for Wisconsin Civil Liberties Union.

Jeffrey B. Bartell, Asst. Atty. Gen., Madison, Wis., for defendant, Louis J. Ceci.

Patrick Madden and Thomas Hayes, Asst. City Attys., Milwaukee, Wis., for defendant, Harold A. Brier.

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

MEMORANDUM OPINION AND ORDER DENYING TEMPORARY RESTRAINING ORDER

REYNOLDS, District Judge.

This is an action for injunctive and declaratory relief. Plaintiffs seek a declaration that § 947.06 of the Wisconsin Statutes, the unlawful assembly statute, is unconstitutional, and they seek to enjoin enforcement of that statute in criminal proceedings already instituted in state court against the named plaintiffs. This opinion is confined to the request for...

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