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McCOLLESTER v. CITY OF KEENE, N.H.

No. 81-1427.

668 F.2d 617 (1982)

Kathleen McCOLLESTER, etc., et al., Plaintiffs, Appellees, v. The CITY OF KEENE, NEW HAMPSHIRE, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Eugene M. Van Loan, III., Manchester, N.H., with whom Wadleigh, Starr, Peters, Dunn & Kohls, Manchester, N. H., was on brief, for appellant.

Russell F. Hilliard, Concord, N.H., with whom Upton, Sanders & Smith, Concord, N.H., was on brief, for appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge.

This appeal from a judgment declaring, in effect, that the juvenile curfew ordinance of the City of Keene on its face violates the Fourteenth Amendment raises the question whether the plaintiff alleged such a realistic danger of sustaining a direct injury from defendants' enforcement of the ordinance as to create a "case or controversy" within Article III of the United States Constitution.

New Hampshire R.S.A. 31:43...

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