NATIONALIST MOVEMENT v. CITY OF CUMMING

No. 89-8417.

913 F.2d 885 (1990)

The NATIONALIST MOVEMENT, a Mississippi non-profit corporation incorporated in Georgia, Plaintiff-Appellant, v. The CITY OF CUMMING, FORSYTH COUNTY, GEORGIA, Forsyth County Board of Education, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 2, 1990.


Attorney(s) appearing for the Case

Richard Barrett, Jackson, Miss., for plaintiff-appellant.

Gordon S. Smith, King & Spalding, S. Samuel Griffin, Atlanta, Ga., for City of Cumming.

Robert S. Stubbs, III, McVay & Stubbs, Canton, Ga., for Forsyth County, Georgia.

Sam S. Harben, Jr., Harben & Hartley Law Firm, Gainesville, Ga., for Forsyth County Bd. of Educ.

Before FAY and COX, Circuit Judges, and GODBOLD, Senior Circuit Judge.


GODBOLD, Senior Circuit Judge:

This case arose out of the efforts of a group called The Nationalist Movement to conduct a parade and rally in Cumming, Forsyth County, Georgia, in January 1989. The Movement had held a parade and rally in Cumming in January 1988 to express its opposition to the federal holiday commemorating the birthday of Dr. Martin Luther King, Jr. It wished to hold a similar parade and rally on January 21, 1989, the date of the King holiday, in order...

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