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HILLSBORO NEWS COMPANY v. CITY OF TAMPA

No. 75-2315.

544 F.2d 860 (1977)

HILLSBORO NEWS COMPANY, a Florida Corporation, Putt-Hut, Inc., a Florida Corporation d/b/a Little Professor Book Center; and Charles Putt, Plaintiffs-Appellees, v. CITY OF TAMPA, a Florida Municipal Corporation, William Poe, Individually and as Mayor of the City of Tampa, Charles Otero, Individually and as Chief of Police of the City of Tampa, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 3, 1977.

Attorney(s) appearing for the Case

Henry E. Williams, Jr., City Atty., Matias Blanco, Jr., Jack W. Crooks, Asst. City Attys., Tampa, Fla., for defendants-appellants.

Harold W. Mullis, Jr., Wayne Lee Thomas, Tampa, Fla., for plaintiffs-appellees.

Before MORGAN and GEE, Circuit Judges, and HUNTER, District Judge.

PER CURIAM:

This appeal is not from a final judgment, 28 U.S.C. § 1291, but rather is from an order of the United States District Court, granting a preliminary injunction, 28 U.S.C. § 1292(a)(1). The issue quickly narrows: Did the trial court abuse its discretion in granting the injunction directed solely against the making of further arrests or ordering of books, magazines, or other printed material from display under the provisions of City of Tampa Ordinance...

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