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NATIONAL CAPITAL NATURISTS, INC. v. BOARD OF SUP'RS OF ACCOMACK COUNTY

No. 88-3631.

878 F.2d 128 (1989)

NATIONAL CAPITAL NATURISTS, INC., a Virginia nonstock corporation; Turner Stokes; John L. Kyff; Craig A. Wickmann; Karen R. Wickmann; Richard A. Smith; John D. Fitz-Gerald; Patricia L. Fitz-Gerald; Alfred Heymann; Kris Templeton; Carol Skaritza; John W. Guntner, III, Plaintiffs-Appellants, v. BOARD OF SUPERVISORS OF ACCOMACK COUNTY, VIRGINIA; Edward F. Gardner, Sheriff; Gary R. Agar, Commonwealth Attorney, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 15, 1989.

Rehearing and Rehearing Denied July 19, 1989.

Attorney(s) appearing for the Case

John Patrick McGeehan (John P. McGeehan & Associates, Alan Rosenblum, Rosenblum & Rosenblum, on brief) for plaintiffs-appellants.

Bruce D. Jones, Jr., County Atty., for defendants-appellees.

Before WIDENER and WILKINSON, Circuit Judges, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied July 19, 1989.

WILKINSON, Circuit Judge:

The National Capital Naturists, Incorporated, an organization of social nudists, seeks to enjoin enforcement of an Accomack County ordinance which generally prohibits public nudity in the county. The district court abstained from ruling on the federal issues in the lawsuit under Railroad Comm'n of Texas v. Pullman, 312 U.S. 496, 61 S.Ct. 643...

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