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JOSEPH v. BLAIR

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

488 F.2d 403 (1973)

Gloria JOSEPH et al., Appellees, v. Louis H. BLAIR, Mayor, City of Falls Church, Va., et al., Appellants. Patricia HOGGE et al., Appellants, 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, et al., Appellants. v. MEMBERS OF the CITY COUNCIL, CITY OF NEWPORT NEWS, VIRGINIA, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1973.

As Amended November 1, 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. (La Rue Van Meter, City Atty., Falls Church, Va., and Philip N. Brophy, Falls Church, Va., on brief), for appellants in No. 73-1131.

Philip J. Hirschkop, 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.

ON PETITION FOR REHEARING

PER CURIAM:

The defendant officials of the Cities of Falls Church, Hampton and Newport News, Virginia, have petitioned for rehearing and have suggested rehearing in banc. The suggestion for rehearing in banc has been submitted to a poll of the judges of the court eligible to vote thereon, and the suggestion has failed to receive a majority vote. It therefore does not carry. The panel unanimously concludes to deny rehearing, and...

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