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DAVENPORT v. CITY OF ALEXANDRIA, VA.

No. 83-2222.

748 F.2d 208 (1984)

Lee DAVENPORT, Appellee, v. CITY OF ALEXANDRIA, VIRGINIA; Charles Strobel, Chief of Police; Douglas Harman, City Manager, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided November 6, 1984.

Attorney(s) appearing for the Case

Barbara P. Beach, Asst. City Atty. of the City of Alexandria, Va. (Abbe David Lowell, Stanley M. Brand, Brand, Lowell & Dole, Washington, D.C., on brief), for appellants.

Victor M. Glasberg; Kenneth E. Labowitz (Alan L. Cohen, Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

This appeal brings before this court for the third time Lee Davenport's quest to perform and exhibit his bagpipes on the sidewalks of the central business district of Alexandria, Virginia. The City of Alexandria now appeals the district court's ruling on remand for particularized fact-finding that the ordinance Davenport challenges violates the first amendment. We affirm. The facts of the case are set out at length in the en banc opinion...

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