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CITY OF DES MOINES v. LAVIGNE

No. 2-58233.

257 N.W.2d 485 (1977)

CITY OF DES MOINES, Appellant, v. Timothy J. LAVIGNE and Karen Jean Cousins, Appellees.

Supreme Court of Iowa.

August 31, 1977.

Attorney(s) appearing for the Case

Philip T. Riley, Des Moines Corp. Counsel, and John A. Wibe, Asst. City Atty., for appellant.

Gary B. Garrison, Anna I. Shinkle, and John Meyer, Des Moines, for appellees.

Heard before MOORE, C. J., and MASON, REES, UHLENHOPP and HARRIS, JJ.

HARRIS, Justice.

This appeal arises from two prosecutions under a municipal loitering ordinance. On defendants' challenge the trial court held the ordinance unconstitutionally overbroad. We reverse the trial court and remand the prosecutions for further proceedings.

Timothy J. Lavigne and Karen Jean Cousins (defendants) were informed against for loitering and loafing in violation of § 32-28, Municipal Code of Des Moines.

Defendants separately...

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