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...

Let's get started


Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases