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NASH v. CHANDLER

Nos. 86-2327, 87-2485.

848 F.2d 567 (1988)

John NASH, et al., Plaintiffs-Appellees, v. Delbert CHANDLER, et al., Defendants, The City of Tyler, Texas, and Willie Hardy, Chief of Police, Etc., and The State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 30, 1988.

Attorney(s) appearing for the Case

Andy Tindel, Charles H. Clark, Tyler, Tex., for defendants-appellants.

Thomas H. Wilson, W. Carl Jordan, Houston, Tex., for amicus curiae Ass'n. Gen. Contractors of Am. Texas Chapter.

Larry R. Daves, Daves, McCabe & Crews, Tyler, Tex., Edward B. Cloutman, III, Dallas, Tex., for Nash.

George E. Barrett, Nashville, Tenn., for United Rubber Cork.

Charles H. Clark, Tyler, Tex., for City of Tyler and Hardy.

Mary F. Keller, Exec. Asst. Atty. Gen., Javier P. Guajardo, Asst. Atty. Gen., Austin, Tex., for State.

Before BROWN, RUBIN, and HIGGINBOTHAM, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The constitutional challenge raised by the union in this case is essentially the same as the challenge raised by the Texas Farm Workers Union in Gault v. Texas Citrus and Vegetable Assn., 848 F.2d 544 (5th Cir.1988). For reasons more fully discussed in that opinion, article 5154d § 1, so far as it extends to mass picketing as defined in article 5154d § 1(1) is unconstitutionally overbroad...

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