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KIRKEBY v. FURNESS

No. 94-3231.

52 F.3d 772 (1995)

Kathleen KIRKEBY, David Habiger, Martin Wishnatsky, and Timothy Lindgren, Appellants, v. Bruce FURNESS, in his official capacity as Mayor of the City of Fargo, Wayne Solberg, The Fargo City Commission, City of Fargo, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1995.

Rehearing and Suggestion for Rehearing Denied May 30, 1995.

Attorney(s) appearing for the Case

Walter M. Weber, Washington, DC, argued (Peter B. Crary, Fargo, ND, and Jay Alen Sekulow, Washington, DC, on the brief), for appellants.

Wayne O. Solberg, Fargo, ND, argued, for appellees.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 30, 1995.*

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In response to picketing by anti-abortion demonstrators, the city of Fargo, North Dakota adopted a revised ordinance restricting residential picketing. The issue is whether the district court erred in denying the demonstrators' motion to enjoin enforcement of this ordinance as an unconstitutional abridgement of their right...

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