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THOMS v. HEFFERNAN

No. 98, Docket 72-1013.

473 F.2d 478 (1973)

William P. THOMS, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. Richard P. HEFFERNAN, Prosecuting Attorney of the Sixteenth Circuit Court of the State of Connecticut, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 8, 1973.

Attorney(s) appearing for the Case

John F. Mulcahey, Jr., New Haven, Conn., for defendant-appellant.

William R. Breetz, Jr., Hartford, Conn., for plaintiff-appellee.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal to a court of appeals from the judgment of a three-judge district court declaring a Connecticut flag misuse statute unconstitutional raises several difficult questions of appellate and trial court jurisdiction and procedure, as well as the more usual first amendment problems on the merits. The decision below is reported sub nom. Thoms v. Smith, 334 F.Supp. 1203 (D.Conn.1971).

I. APPELLATE...

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