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DOE v. DULING

No. 85-1326.

782 F.2d 1202 (1986)

James DOE and Jane Doe, Appellees, v. Frank S. DULING, Chief of the Richmond Bureau of Police, and Aubrey M. Davis, Jr., Commonwealth's Attorney for the City of Richmond, Appellants. The Assembly of God — Potomac District Council, et al., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1986.

Attorney(s) appearing for the Case

Michael L. Sarahan, Asst. City Atty., and Mark R. Davis, Asst. Atty. Gen., Richmond, Va., (Gerald L. Baliles, Atty. Gen. of Va., William G. Broaddus, Atty. Gen. of Va., Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va., on brief) for appellants.

Michael Morchower (Morchower, Luxton & Whaley, Richmond, Va., on brief), for appellees.

(Christopher A. Meyer, Susan G. Oliver, H. Elizabeth Shaffer, Dr. Gary Leedes, Richmond, Va., on brief) for amici curiae.

Before SPROUSE and WILKINSON, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

Plaintiffs brought suit under the pseudonyms Jane Doe and James Doe challenging the constitutionality of Virginia statutes prohibiting fornication and cohabitation. Va.Code §§ 18.2-344, 18.2-345 (1982). The district court granted both injunctive and declaratory relief on the grounds that these statutes violated plaintiffs' rights to privacy. Doe v. Duling, 603 F.Supp. 960 (E.D.Va.1985...

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