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U. S. LABOR PARTY v. POMERLEAU

No. 76-1780.

557 F.2d 410 (1977)

U. S. LABOR PARTY, Michael Thomas Maddi, Steven W. Cook, Belinda Frances DeGracia, Pamela Solomon, Carlton Orlando Braxton, Glen Nesaros, Stewart Rosenblatt, John Ascher, Jeanine Roslyn Schoonick, William Salisbury, Larry Freeman and Mary Primack, Appellants, v. Donald E. POMERLEAU, Police Commissioner of Baltimore City, William Donald Schaefer, Mayor of Baltimore City, John B. DeHoff, Commissioner of Health, Health Department of Baltimore City, Frank M. Hoot, Assistant Commissioner of Health, Environmental Health Department of Baltimore City, and David T. Lewis, Director, Bureau of Noise Control, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1977.

Attorney(s) appearing for the Case

William Harris Zinman, Baltimore, Md., for appellants.

J. Warren Eberhardt, Asst. City Sol., Baltimore, Md. (Benjamin L. Brown, City Sol., Ambrose T. Hartman, Deputy City Sol., Baltimore, Md., on brief), for appellees.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The United States Labor Party and several of its members appeal the judgment of the district court denying a declaratory judgment and injunctive relief against the enforcement of Baltimore's noise control ordinance. They contend that the ordinance, as applied to the amplification of political speech on the public streets, violates the first and fourteenth amendments. We reverse the judgment of the district court.

Members of the United...

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