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VENEKLASE v. CITY OF FARGO

No. 98-2147.

200 F.3d 1111 (1999)

Chris VENEKLASE, Paul B. Mehl, Darold Larson, Nancy Emmel, Jessica Uchtman, Plaintiffs-Appellees, v. CITY OF FARGO, Defendant-Appellant, David Eugene Todd, Officer, City of Fargo Police Department, Jon Holman, Wayne Jorgenson, Defendants.

United States Court of Appeals, Eighth Circuit.

Initially Filed: August 30, 1999.

Opinion Vacated and Rehearing Granted: September 28, 1999.

Refiled as Modified: December 30, 1999.

Rehearing Granted; Opinion and Judgment Vacated February 16, 2000.

Attorney(s) appearing for the Case

Mike Miller, Fargo, ND, argued, for Appellant.

Thomas W. Condit, Cincinnati, Ohio, argued, for Appellee.

Before: McMILLIAN, BRIGHT, and FAGG, Circuit Judges.

Rehearing En Banc Granted; Opinion and Judgment Vacated February 16, 2000.

PER CURIAM.

The City of Fargo ("Fargo") appeals from a summary judgment decision holding Fargo's 1985 residential picketing ordinance unconstitutional on its face; a jury award of damages in the amount of $2,431; and an award of attorneys' fees against Fargo. We conclude that the Fargo 1985 residential picketing ordinance constitutes a constitutional, content-neutral regulation of free...

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