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LOCAL 391, INTERN., ETC. v. CITY OF ROCKY MOUNT

No. 81-1262.

672 F.2d 376 (1982)

LOCAL 391, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, and Russ Hogan, Appellees, v. CITY OF ROCKY MOUNT, North Carolina, and William H. Batchelor, in his official capacity as City Manager of Rocky Mount, North Carolina, Appellants, and Art Butler, Individually and as Chief of Police of Rocky Mount, North Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1982.

Rehearing and Rehearing Denied April 14, 1982.

Attorney(s) appearing for the Case

Jack B. Crawley, Jr., Rocky Mount, N. C. (N. K. Falk, Spruill, Lane & McCotter, Rocky Mount, N. C., on brief), for appellants.

J. David James, Greensboro, N. C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., on brief), for appellees.

Before RUSSELL and HALL, Circuit Judges, FIELD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 14, 1982.

DONALD RUSSELL, Circuit Judge:

The plaintiffs/appellees, the Chauffeurs, Teamsters and Helpers Local Union No. 391 and its business agent, Russ Hogan, brought this § 1983 action against the City of Rocky Mount (North Carolina), its city manager and its chief of police,1 charging that defendants' enforcement of a city ordinance prohibiting picketing without a permit within...

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