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LIVINGSTON v. GARMIRE

No. 29463.

437 F.2d 1050 (1971)

Marvin LIVINGSTON et al., Plaintiffs-Appellees, v. Bernard GARMIRE, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion Withdrawn May 10, 1971.

Attorney(s) appearing for the Case

Alan H. Rothstein, City Atty., S. R. Sterbenz, Asst. City Atty., Miami, Fla., for defendants-appellants.

C. Michael Abbott, Donald C. Peters, Miami, Fla., for plaintiffs-appellees.

Before BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.

WISDOM, Circuit Judge:

This § 19831 case, one of the many progeny of Dombrowski2 and Zwickler,3 presents the question whether the district court erred in declaring certain portions of the disorderly conduct ordinance of the City of Miami unconstitutional. We affirm the judgment of the district court.

The plaintiffs, three Negro residents of Miami, Florida...

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