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DUKES v. CITY OF NEW ORLEANS

No. 73-3979. Summary Calendar.

501 F.2d 706 (1974)

Nancy DUKES, d/b/a Louisiana Concessions, Plaintiff-Appellant, v. The CITY OF NEW ORLEANS and Honorable Moon Landrieu, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 27, 1974.

Attorney(s) appearing for the Case

Joseph Neves Marcal, III, Gen. Counsel, ACLU of La., New Orleans, La., for plaintiff-appellant.

Blake G. Arata, City Atty., Joel P. Loeffelholz, Asst. City Atty., New Orleans, La., for defendants-appellees.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

GOLDBERG, Circuit Judge:

Before January, 1972, plaintiff-appellant Nancy Dukes maintained a pushcart business in the Vieux Carre of New Orleans, selling hot dogs, drinks, confections and novelties. Subsequently the New Orleans City Council revised its ordinances, removing hot dog vendors from the list of specifically permitted pushcart enterprises in the Vieux Carre, but simultaneously allowing all licensed vendors who had...

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