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KUSZYNSKI v. CITY OF OAKLAND

No. 71-1566.

479 F.2d 1130 (1973)

Anne KUSZYNSKI et al., Plaintiffs-Appellants, v. CITY OF OAKLAND, a municipal corporation Acting By and Through the BOARD OF PORT COMMISSIONERS, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 31, 1973.

Attorney(s) appearing for the Case

Charles C. Marson (argued), Paul N. Halvonik, of ACLU, Donald Yank, Serra & Perelson, San Francisco, Cal., for plaintiffs-appellants.

Wilson Wendt (argued), J. Kerwin Rooney, Port Attorney, Oakland, Cal., for defendants-appellees.

Charles C. Marson (argued), ACLU, San Francisco, Cal., for amicus curiae.

Before DUNIWAY and KILKENNY, Circuit Judges, and SMITH, District Judge

OPINION

PER CURIAM :

This is an appeal from an order denying a preliminary injunction, 322 F.Supp. 689. Appellants sought to enjoin the enforcement of ordinances regulating the distribution of written material at the Oakland airport. The ordinance provides:

1.151. The use of the Airport for the purpose of exercising the right of free expression and communication, including but not limited to the distribution...

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