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PURSLEY v. CITY OF FAYETTEVILLE, ARK.

No. 86-1332.

820 F.2d 951 (1987)

Dr. Dow PURSLEY, Dr. Doty Murphy, Rev. Mark Brooks and Rev. Paul Sagan, Appellants, v. CITY OF FAYETTEVILLE, ARKANSAS; Paul Noland, Individually and as Mayor; Ron Bumpass, Jeremy Hess, Marilyn Johnson, Ernest Lancaster, William Martin and Marion Orton, All Individually and in Their Official Capacities as Members of the Board of Directors of the City of Fayetteville, Arkansas, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1987.

Rehearing and Rehearing Denied August 28, 1987.

Attorney(s) appearing for the Case

Walter Weber, Milwaukee, Wis., for appellants.

James N. McCord, Fayetteville, Ark., for appellees.

Before JOHN R. GIBSON, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 28, 1987.

MAGILL, Circuit Judge.

In this case we examine a Fayetteville, Arkansas city ordinance that bans all pickets and demonstrations in front of residences or dwelling places. We conclude that the ordinance is unconstitutionally overbroad, in violation of the First Amendment.

I. BACKGROUND.

William F. Harrison is a Fayetteville doctor who performs abortions as part of his practice. Appellants...

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