JOSEPH v. BLAIR

Nos. 73-1131, 72-2441, 72-2442.

482 F.2d 575 (1973)

Gloria JOSEPH et al., Appellees, v. Louis H. BLAIR, Mayor, City of Falls Church, Va., et al., Appellants. Patricia HOGGE, Appellant, v. MEMBERS OF the CITY COUNCIL, CITY OF HAMPTON, VIRGINIA, et al., Appellees. Edwin EMERSON, t/a Peninsula Massage Parlor, t/a Continental Massage Parlor, Appellant, v. MEMBERS OF the CITY COUNCIL, CITY OF NEWPORT NEWS, VIRGINIA, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1973.

Rehearing Denied September 27, 1973.


Attorney(s) appearing for the Case

W. Anthony Fitch, Williamsburg, Va. (Kenneth C. Hogge, and Carmel, Gray & Hogge, Hampton, Va., on brief), for appellants in Nos. 72-2441 and 72-2442.

Thomas E. Glascock, City Atty., Hampton, Va., for appellee in No. 72-2441.

P. A. Yeapanis, City Atty., Newport News, Va. (Robert M. Roylance, Asst. City Atty., Newport News, Va., on brief), for appellees in No. 72-2442.

George S. Leonard, Washington, D. C. (LaRue Van Meter, City Atty., Falls Church, Va., and Philip N. Brophy on brief), for appellants in No. 73-1131.

Philip J. Mirschkop, Alexandria, Va. (Joseph S. Bambacus, Richmond, Va., on brief), for appellants in No. 73-1131.

Before BOREMAN, Senior Circuit Judge, WINTER, Circuit Judge, and BLAIR, District Judge.


WINTER, Circuit Judge:

The scope and application of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) and its progeny are the major questions in each of these appeals, and we therefore decide them together. The appeals arise from suits to have declared invalid and to enjoin enforcement of the ordinances of Falls Church, Norfolk, Hampton, and Newport News, Virginia, which, under sanction of criminal penalty, regulate...

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