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RUSSELL v. CITY OF PIERRE, STATE OF S. D.

No. 76-1065.

530 F.2d 791 (1976)

Neil Cody RUSSELL, Appellant, v. CITY OF PIERRE, STATE OF SOUTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1976.

Rehearing and Rehearing Denied March 30, 1976.

Attorney(s) appearing for the Case

Gary R. Thomas and Terry L. Pechota, South Dakota Legal Services, Fort Thompson, S. D., for appellant.

Robert C. Riter, Jr., Pierre, S. D., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 30, 1976.

PER CURIAM.

Petitioner, Neil Cody Russell, seeks a certificate of probable cause to appeal the denial of a writ of habeas corpus. Petitioner was convicted of disorderly conduct in violation of an ordinance of the City of Pierre, South Dakota. The sole punishment imposed by the state trial court was a $25 fine. Petitioner alleges that the disorderly conduct ordinance is impermissibly vague and overbroad...

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