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H & L MESSENGERS, INC. v. CITY OF BRENTWOOD

577 S.W.2d 444 (1979)

H & L MESSENGERS, INC., Appellant, v. CITY OF BRENTWOOD et al., Appellees.

Supreme Court of Tennessee.

February 12, 1979.

Attorney(s) appearing for the Case

Daniel R. Loftus, Watkins, McGugin, McNeilly & Rowan, Nashville, for appellant.

Robert H. Jennings, Jr., West, Jennings & Allen, Nashville, for appellees.

James R. Kniffen, Barrett, Lenahan, Kniffen & Ray, Nashville, Peter J. Carre, Washington, D.C., for appellee-intervenor, Branch 4, Nat. Ass'n of Letter Carriers, AFL-CIO.

OPINION

HENRY, Chief Justice.

This declaratory judgment action, filed pursuant to § 23-1101, T.C.A. and Rule 65, Tenn.R.Civ.P., attacks the constitutionality of an ordinance of the City of Brentwood, on the single basis that it contravenes the First Amendment to the Constitution of the United States.

The Chancellor, whose action is more fully set out hereinafter, declared the ordinance valid, after eliding certain portions he considered unconstitutional...

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