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DEVLIN v. SOSBE

No. 71-1676.

465 F.2d 169 (1972)

Larry DEVLIN and Jimmie Joe Floyd. t/a J & J Book Store, Plaintiffs-Appellants, v. Charles SOSBE, Chief of Police of the City of Kokomo, Indiana, Harold Scott, Jr., Mayor of the City of Kokomo, Indiana, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 1972.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., Franklin I. Miroff, Indianapolis, Ind., Smith & Patterson, Greensboro, N. C., Klineman, Rose & Wolf, Indianapolis, Ind., for plaintiffs-appellants.

Richard P. Good, Jr., Edward S. Mahoney, Kenneth L. Andrews, Lacey, Angel & Good, O'Mahoney, Mahoney & Simmons, Kokomo, Ind., for defendants-appellees.

Before SPRECHER, Circuit Judge, DURFEE, Senior Judge, United States Court of Claims, and ESCHBACH, District Judge.

ESCHBACH, District Judge.

Plaintiffs have appealed from an order dismissing their civil rights action arising under 42 U.S.C. § 1983, jurisdiction having been alleged pursuant to 28 U.S.C. § 1343 and 28 U.S.C. § 2201. Plaintiffs below sought a mandatory injunction to require the City of Kokomo, Indiana, to issue a license for the operation of certain film viewing machines. Plaintiffs further sought a judgment declaring the licensing ordinance in question...

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