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BIRKENSHAW v. HALEY

Civ. A. No. 4-71302.

409 F.Supp. 13 (1974)

Robert BIRKENSHAW, Plaintiff, v. Thomas HALEY et al., Defendants.

United States District Court, E. D. Michigan, S. D.

April 26, 1974.

Attorney(s) appearing for the Case

Richard Durant, Durant, Talbot, Grant & McQuarrie, Detroit, Mich., for plaintiff.

Howard J. Clyne, Clyne, Clyne & Mosier, Yale, Mich., for defendants.

OPINION ON MOTION FOR PRELIMINARY INJUNCTION

KAESS, Chief Judge.

The Court is herein confronted with a constitutional attack upon a local ordinance which purports to prohibit "topless", and "bottomless", human exposure and "obscene live conduct". The matter is presently considered in the context of a Motion for Preliminary Injunction. Plaintiff attacks the ordinance on its face.

There is no serious dispute as to the facts. The plaintiff operates...

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