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KIRKEBY v. FURNESS

No. 95-3098.

92 F.3d 655 (1996)

Kathleen KIRKEBY, David Habiger, Ronald Shaw, Martin Wishnatsky, Timothy Lindgren, and Darold Larson, Appellees, v. Bruce FURNESS, in His Official Capacity as Mayor of the City of Fargo; Garylle B. Stewart, in His Official Capacity as City Attorney of the City of Fargo; Fargo City Commission; and City of Fargo, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1996.

Rehearing and Suggestion for Rehearing Denied September 20, 1996.

Attorney(s) appearing for the Case

Waune O. Solberg, argued, Fargo, ND, for appellants.

Walter M. Weber, argued, Washington, D.C., for appellees.

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

Rehearing and Suggestion for Rehearing En Banc Denied September 20, 1996.*

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case is before us for a second time. The plaintiffs are pro-life activists who sometimes express their objection to abortion by picketing near the residences of individuals who provide abortion services. In 1994, they challenged the constitutionality of a residential picketing ordinance passed by the city of Fargo...

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