FENNELL v. BUTLER

Nos. 77-1782 and 77-1822.

570 F.2d 263 (1978)

Rev. Dianne FENNELL, Appellant, v. Rosalie BUTLER, Councilwoman, Donald D. Wozniak, Harriet Lansing, City Attorney, Philip B. Byrne, Deputy City Attorney, James M. Campbell, and the Minnesota State Board of Medical Examiners, Appellees. Charles SMITH, Individually and d/b/a Red Carpet Sauna, C. J. Russell, Inc., d/b/a Civic Center Sauna, L. D. Dagell, Inc., d/b/a the Massage Emporium, Cosmopolitan, Inc., d/b/a Cosmopolitan Sauna, Lee LeNore Ehrlichman, Individually and d/b/a Lee LeNore's Sauna, St. Paul Comfort Center, Inc., d/b/a St. Paul Comfort Center, Appellants, v. The CITY OF ST. PAUL, Minnesota, George Latimer, Individually and as Mayor of the City of St. Paul, Harriet Lansing, Individually and as St. Paul City Attorney, Rosalie Butler, David H. Hozza, Ruby Hunt, Leonard Levine, Victor Tedesco, Individually and as Members of the St. Paul City Council, Dr. Paul Cox, Individually and as Director of the Division of Public Health, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1978.

Rehearing Denied February 28, 1978.


Attorney(s) appearing for the Case

Rev. Dianne Fennell, pro se.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., and Robert T. Holley, Sp. Asst. Atty. Gen., Minneapolis, Minn., filed brief for appellee, Minnesota State Board of Medical Examiners.

Beryl A. Nord, Asst. City Atty., St. Paul, Minn., filed brief for appellees Rosalie Butler, Harriet Lansing and Philip B. Byrne, in 77-1782 and filed brief for appellees in 77-1822.

Earl P. Gray of Collins & Buckley, St. Paul, Minn., filed brief for appellants.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.


Rehearing Denied in No. 77-1782 February 28, 1978.

LAY, Circuit Judge.

These two appeals arise from separate orders of the district court, the Honorable Donald D. Alsop presiding, denying the plaintiffs' motions for preliminary injunction. The Fennell appeal, No. 77-1782, relates to an attempt by the plaintiff to restrain the City of St. Paul from enforcing an amended ordinance relating to licensing provisions and...

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