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LEONARD v. CITY OF COLUMBUS

No. 75-2344.

565 F.2d 957 (1978)

Robert LEONARD et al., Plaintiffs-Appellants, v. The CITY OF COLUMBUS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Specially Concurring Opinion January 4, 1978.

Attorney(s) appearing for the Case

Ellen Leitzer, American Civil Liberties Union Foundation of Ga., Inc., Atlanta, Ga., Joel M. Gora, American Civil Liberties Union, New York City, Margie Pitts Hames, Atlanta, Ga., Melvin L. Wulf, Amer. Civil Liberties Union Foundation, New York City, for plaintiffs-appellants.

Lennie F. Davis, City Atty., E. H. Polleys, Jr., Assoc. City Atty., Columbus, Ga., for defendants-appellees.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.

BY THE COURT:

The panel opinion in this case is reported, Leonard v. City of Columbus, 5 Cir., 1977, 551 F.2d 974.

Upon rehearing at New Orleans on September 28, 1977, the Court en banc adheres to the panel opinion as published.

The judgment of the District Court is

REVERSED and REMANDED.

GEE, Circuit Judge, with whom CLARK and RONEY, Circuit Judges, join, specially concurring:

Though...

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