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SCHLEIFER BY SCHLEIFER v. CITY OF CHARLOTTESVILLE

No. 97-1723.

159 F.3d 843 (1998)

Daniel SCHLEIFER, a minor by Barry SCHLEIFER, his father; William McCutcheon, a minor by M. Parthenia Monagan, his mother; Lisa Briggs, a minor by Anne Briggs, her mother; Nora Lally-Graves, a minor by Mary Ann Lally-Graves, her mother; Jill Landers Jacquith, a minor by Harry James Landers, her father; Anne Briggs; Harry James Landers; Waldo David Landers Jaquith, Plaintiffs-Appellants, v. CITY OF CHARLOTTESVILLE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

ARGUED: Mary Catherine Bauer, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Lisa Robertson Kelley, Office of City Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Deborah C. Wyatt, Wyatt & Carter, Charlottesville, Virginia, for Appellants. W. Clyde Gouldman, II, Office of City Attorney, Charlottesville, Virginia, for Appellee.

Before WILKINSON, Chief Judge, and ERVIN and MICHAEL, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge ERVIN joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

This appeal involves a challenge to the constitutionality of a juvenile nocturnal curfew ordinance enacted by the City of Charlottesville. The district court held that the ordinance did not violate the constitutional rights of minors, their parents, or other affected...

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