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ROWLEY v. McMILLAN

Nos. 73-2451, 73-2454.

502 F.2d 1326 (1974)

James ROWLEY and John H. Grimes, Jr., Petitioners, v. Honorable James B. McMILLAN, Judge of the United States District Court for the Western District of North Carolina, Charlotte Division, et al., Respondents. Marvin Ray SPARROW et al., Appellees, v. J. C. GOODMAN, Jr., Chief of Police of Charlotte, N. C., et al., Defendants, James Rowley, Director of the U. S. Secret Service, and John H. Grimes, Jr., Agent of the U. S. Secret Service, Appellants, And divers other Secret Service Agents, et al., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1974.

Attorney(s) appearing for the Case

James E. Walker and Robert G. McClure, Jr., Charlotte, N. C. (Sanders, Walker & London, Charlotte, N. C., on brief), for petitioners in No. 73-2451.

George S. Daly, Jr., Charlotte, N. C. (Frank Aycock, Charles Lloyd, Asst. Attys. Gen. of N. C., William A. Watts, Asst. City Atty., Hugh L. Lobdell, S. Dean Hamrick and James Monteith, Charlotte, N. C.), for respondents in No. 73-2451.

James E. Walker and Robert G. McClure, Jr., Charlotte, N. C. (Sanders, Walker & London, Charlotte, N. C., on brief), for appellants in No. 73-2454.

George S. Daly, Jr., Charlotte, N. C., for appellees in No. 73-2454.

Before BOREMAN and BRYAN, Senior Circuit Judges, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

When the City of Charlotte, North Carolina, proclaimed October 15, 1971 as "Billy Graham Day" to honor one of its native sons, one of the events scheduled was a rally at the Charlotte Coliseum, a public facility capable of seating 13,000 persons. The public generally was invited and free tickets were widely distributed. In attendance was the President of the United States, and attending and securing his person in part of the premises were members...

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