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TATE v. AKERS

No. 76-1418.

565 F.2d 1166 (1977)

Bob TATE and Jerry Higgs, Plaintiffs-Appellees, v. Lola AKERS, Dorothy Dietz, Dick Foster, Roger Gonzales, Patsy McGinley, Frank H. Moore, Norman E. "Skip" Roberts, and Richard W. Weeks, Members of the City Council of the City of Laramie, Wyoming, Ted C. Gertsch, Member of the City Council of the City of Laramie, Wyoming and Mayor of the City of Laramie, Wyoming, and Ted Kersting, Chief of Police of the City of Laramie, Wyoming, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 23, 1977.

Attorney(s) appearing for the Case

Hugh B. McFadden, Jr., Laramie, Wyo. (Corthell, King, McFadden, Nicholas & Prehoda, Laramie, Wyo., Warren L. Johns, Walter E. Carson, Johns & Carson, Washington, D. C., and Boardman Noland, Takoma Park, Md., on the brief), for plaintiffs-appellees.

Thomas S. Smith, Laramie, Wyo. (Smith, Stanfield & Scott, Laramie, Wyo., on the brief), for defendants-appellants.

Before McWILLIAMS and BARRETT, Circuit Judges, and BOHANON, Senior District Judge.

McWILLIAMS, Circuit Judge.

The precise question in this appeal is whether a Seventh Day Adventist "literature evangelist," sometimes referred to as a "colporteur," is a "solicitor," "peddler," "hawker," or "itinerant merchant," as those terms are used in the City of Laramie's version of the so-called Green River Ordinance. The trial court, after trial of the matter and after having heard testimony as to the nature of a colporteur...

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