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ESPINOSA v. RUSK

No. 79-1477.

634 F.2d 477 (1980)

Joseph ESPINOSA, Charles Shobe, Morton L. Dunkin, and General Conference Corporation of Seventh-Day Adventists, Plaintiffs-Appellees, v. David RUSK, Mayor; Patrick Baca, Joe R. Abeyta, Mel Aragon, Thomas W. Hoover, Sandra L. West, Alan B. Reed, Jo McAleese, Jim Delleney, Marion M. Cottrell, members of the City Council of the City of Albuquerque, New Mexico; and Bob V. Stover, Chief of Police of the City of Albuquerque, New Mexico, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 21, 1980.

Attorney(s) appearing for the Case

George R. "Pat" Bryan, III, City Atty., Albuquerque, N. M. (Susan Green, Asst. City Atty., Albuquerque, N. M., on briefs), for defendants-appellants.

Lee Boothby of Johns, Carson & Boothby, Washington, D. C. (Warren L. Johns, Walter E. Carson, Robert W. Nixon of Johns, Carson & Boothby, Washington, D. C., with him on briefs), for plaintiffs-appellees.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The issue before us is whether an ordinance of the City of Albuquerque, New Mexico, as applied to the plaintiffs, violates the first and fourteenth amendments of the Constitution of the United States. The ordinance involves licensing and regulation of solicitation carried on by charitable organizations including some religious groups. The ordinance is numbered 72-1955.

The Seventh Day Adventist Church challenges the application...

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