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HODSDON v. STABLER

No. 19097.

444 F.2d 533 (1971)

William M. HODSDON, also known as William Merrill Hodsdon v. W. Laird STABLER, Jr., Attorney General of the State of Delaware and Ruth M. Ferrell, a Deputy Attorney General of the State of Delaware, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 29, 1971.

Attorney(s) appearing for the Case

Mason E. Turner, Kent Walker, Deputy Attys. Gen., Wilmington, Del. (David P. Buckson, Atty. Gen., Dover, Del., Ruth M. Ferrell, State Sol., Wilmington, Del., on the brief), for appellants.

William E. Taylor, Jr., Wilmington, Del. (Taylor, Lindh, Paul & Abramo, Wilmington, Del., on the brief), for appellee.

Before McLAUGHLIN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

On May 11, 1970, the declaratory judgment of the District Court in this appeal, holding the relevant portion of the Delaware Flag Desecration Statute (11 Del.C. § 532) unconstitutional on its face, was rendered in favor of appellee. The latter was then and still is the defendant in a pending State of Delaware criminal action based upon a violation of that Statute. The District Court denied appellee's request for an injunction...

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