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MAXEY v. SMITH

Civ. A. No. 1:93CV122-D-D.

823 F.Supp. 1321 (1993)

H.B. MAXEY, Jr. (a.k.a. "Bud" Maxey), Plaintiff, v. Robert A. SMITH, Individually and as Alderman/Vice Mayor, City of Starkville, Emmett Smitherman, Jr., Individually and as Alderman, City of Starkville, Ed Buckner, Individually and as Alderman, City of Starkville, Harold E. Williams, Individually and as Alderman, City of Starkville, Melvin Rhodes, Individually and as Alderman, City of Starkville and Ben Hilbun, Jr., Individually and as City Attorney for the City of Starkville, and the City of Starkville (already a party via suit against the above named defendants in their official capacity, but nevertheless separately named), Defendants.

United States District Court, N.D. Mississippi, E.D.

June 11, 1993.

Attorney(s) appearing for the Case

James M. Ward, Ward & Williamson, Starkville, MS, for plaintiff.

J. Gordon Flowers, Gholson, Hicks, Nichols & Ward, Columbus, MS, for defendants.

MEMORANDUM OPINION

DAVIDSON, District Judge.

I. Preliminary Injunction

Over the course of two days spaced two weeks apart, the undersigned District Judge conducted a hearing on Plaintiff's application for preliminary injunctive relief. Specifically, the applicant's request is spurred primarily by a desire to vindicate his right to freedom of speech and expression under the First Amendment of the United States Constitution. Precisely one...

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