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UNITED FOOD & COM. WORKERS INTERN. v. IBP, INC.

No. 87-2251.

857 F.2d 422 (1988)

UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, CLC, United Food and Commercial Workers Union, Local 222, AFL-CIO, CLC, Unincorporated Associations; William Schmitz, Frank Cassidy, Sally Sanchez, Leroy Bergin, Individuals; Millwright, Machinery & Erectors Local 1463, An Unincorporated Association, Appellees, v. IBP, INC., a Delaware Corporation, K.A. Orr, Governor of the State of Nebraska; Robert Spire, Attorney General; Colonel Harold LeGrande, Superintendent of the State Patrol; Raymond Brown, Commander of the Nebraska State Patrol for the area encompassing Dakota City; James Carmona, Adjutant General of the Nebraska National Guard, Appellants, Kurt A. Hohenstein, Dakota County Attorney.

United States Court of Appeals, Eighth Circuit.

Decided September 8, 1988.

Attorney(s) appearing for the Case

Douglas Peterson, Asst. Atty. Gen., Lincoln, Neb., for appellants.

Renee L. Bowser, Washington, D.C., for appellees.

Before McMILLIAN, Circuit Judge, ROSS, Senior Circuit Judge, and LARSON, Senior District Judge.

LARSON, Senior District Judge.

Three unions and union officials from one of the unions brought this declaratory judgment action challenging the validity of two Nebraska picketing statutes. The district court found a justiciable controversy was presented and ruled both statutes were unconstitutional. The court held the "numbers/distance provision" of Neb.Rev.Stat. § 28-1318(1)-(3) constituted a content-neutral regulation of pure speech that was facially overbroad...

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