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ROBINSON v. PARSONS

Nos. 77-1345, 77-1353 and 77-1359. Summary Calendar.

560 F.2d 720 (1977)

Michael ROBINSON, Petitioner-Appellant, v. James C. PARSONS, In his capacity as Chief of Police, City of Birmingham, Alabama, Respondent-Appellee. No. 77-1353. George HARLOW, Petitioner-Appellant, v. James C. PARSONS, In his capacity as Chief of Police, City of Birmingham, Alabama, Respondent-Appellee. No. 77-1359. Thomas D. McGARY, Petitioner-Appellant, v. James C. PARSONS, In his capacity as Chief of Police, City of Birmingham, Alabama, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 1977.

Attorney(s) appearing for the Case

Ferris S. Ritchey, Jr., Birmingham, Ala., for petitioner-appellant.

Herbert Jenkins, Jr., Birmingham, Ala., for respondent-appellee.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

PER CURIAM:

Appellants challenge their state-court convictions of knowingly selling obscene materials in violation of Birmingham City Ordinance 67-2.1 The district court, on the basis of the state court record, denied habeas relief. We affirm.

Appellants first attack the ordinance. They argue it was unconstitutionally vague, failing to give them fair warning that their activities were illegal. They also advance the separate claim...

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