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LOUISIANA DEB. AND LIT. ASS'N v. CITY OF N. ORLEANS

No. 94-30180.

42 F.3d 1483 (1995)

LOUISIANA DEBATING AND LITERARY ASSOCIATION, for itself and on behalf of its members, d/b/a The Louisiana Club, Plaintiff-Appellee, v. The CITY OF NEW ORLEANS, et al., Defendants-Appellants. STRATFORD CLUB, for itself and on behalf of its members, Plaintiff-Appellee, v. The CITY OF NEW ORLEANS, et al., Defendants-Appellants. The BOSTON CLUB OF NEW ORLEANS, Plaintiff-Appellee, v. The CITY OF NEW ORLEANS, et al., Defendants-Appellants. PICKWICK CLUB, for itself and on behalf of its members, Plaintiff-Appellee, v. The CITY OF NEW ORLEANS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 26, 1995.

Attorney(s) appearing for the Case

Avis Marie Russell, Bruce E. Naccari, Deputy City Atty., New Orleans, LA, for appellants.

Kevin C. O'Bryon, Leake & Anderson, New Orleans, LA, Caine O'Rear, III, Louis E. Braswell, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, AL, for Louisiana Debating, Stratford Club and Boston Club.

Benjamin R. Slater, Jr., Donald J. Miester, Jr., A. Elise Brown, Slater Law Firm, New Orleans, LA, for Pickwick Club.

Before BARKSDALE and PARKER, Circuit Judges, and COBB, District Judge.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue are whether the district court abused its discretion in not abstaining from hearing this challenge by four clubs against application to them of a newly enacted City of New Orleans ordinance prohibiting, inter alia, discrimination in places of public accommodation; and, absent an abuse of discretion, whether the clubs had private status of such a nature that such application, to include the ordinance's investigative...

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