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PA. ALLIANCE FOR JOBS & ENERGY v. COUN. OF MUNHALL

Nos. 83-5510, 83-5759.

743 F.2d 182 (1984)

PENNSYLVANIA ALLIANCE FOR JOBS AND ENERGY, Theresa J. Crimone, Phillip Schuller, Jr., Miriam Imblum, and Scott D. Hustead, Appellants, v. COUNCIL OF the BOROUGH OF MUNHALL, Chief of Police James Coyne, Mayor William Knight, and Police Officers Thomas Hilla and Richard Facchiano; Board of Supervisors of the Township of Moon, Township Manager William P. Walsh, and Chief of Police H. Thomas Krance; Town Council of the Town of McCandless, Secretary Mary Kovacsics, Chief of Police Patrick McCabe, and Patrolman William Fertig; Board of Supervisors of Richland Township, Secretary Dean Bastianini, Chief of Police James Hopper, and Police Lt. Richard Nalepa, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 10, 1984.

Rehearing Denied October 16, 1984.

Attorney(s) appearing for the Case

Thomas R. Asher (argued), Ira R. Nerken, Washington, D.C., Thomas J. Kennedy, John Kissane Associates, St. Albans, Vt., Jon Pushinsky, Pittsburgh, Pa., for appellants; Thomas M. Cooley, II, Pittsburgh, Pa., of counsel.

David Kairys, Kairys, Rudovsky & Maguigan, Philadelphia, Pa., for amici.

Peter J. Taylor (argued), Arthur J. Murphy, Jr., Arthur J. Murphy, Jr. & Associates, P.C., Pittsburgh, Pa., for Council of Munhall, Richland Township, McCandless Township and Moon Township.

Gene E. Arnold, Weaver, Willman & Arnold, Pittsburgh, Pa., for Township of Richland.

James W. Dunn, Jr., Pittsburgh, Pa., for Township of McCandless, Kovacsics, McCabe, Fertig.

Louis Silverhart, Pittsburgh, Pa., for Council of the Borough of Munhall, Chief of Police, J. Coyne, Mayor Wm. Knight, Police Officers, T. Hilla and R. Facchiano.

Before HUNTER, BECKER, Circuit Judges, and HOFFMAN, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal arises from an order of summary judgment of the United States District Court for the Western District of Pennsylvania upholding the constitutionality of four local ordinances imposing time-of-day restrictions on and permit requirements for door-to-door solicitation. We will affirm the judgment of the district court.

I.

The appellant, Pennsylvania Alliance for Jobs and Energy...

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