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UNITED STATES v. CHALK

No. 14711.

441 F.2d 1277 (1971)

UNITED STATES of America, Appellee, v. Victor CHALK, Jr. and Preston Eugene Dobbins, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 6, 1971.

Attorney(s) appearing for the Case

James E. Ferguson, II, Charlotte, N. C. (Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., and Robert Harrell, Asheville, N. C., on brief), for appellants.

Bruce B. Briggs, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty., on brief), for appellee.

Robert Morgan, Atty. Gen. of North Carolina, and T. Buie Costen and Andrew A. Vanore, Jr., Asst. Attys. Gen., of North Carolina, on brief, for amicus curiae.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

On September 29, 1969, after a battle between police officers and black students at the Asheville High School, the mayor of Asheville, North Carolina, issued a proclamation that a state of emergency within the meaning of North Carolina General Statutes § 14-288.1(10) existed within the City of Asheville. Under the authority of Asheville City Ordinance No. 613, enacted pursuant to North Carolina General Statutes § 14-288.12, the mayor...

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