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LIPPOLDT v. COLE

No. 01-1226-JTM.

311 F.Supp.2d 1263 (2004)

Donna LIPPOLDT, individually, Operation Save America, an unincorporated association, and Phillip Benham, individually Plaintiffs, v. Deputy Chief Stephen COLE, in his official and individual capacity as an agent/employee of City of Wichita, Kansas, a political subdivision of the state of Kansas, Beth Harlenske, in her official and individual capacity as an agent/employee of City of Wichita, Kansas, a political subdivision of the state of Kansas Defendants.

United States District Court, D. Kansas.

March 31, 2004.

Attorney(s) appearing for the Case

Frederick H. Nelson, American Liberties Institute, Orlando, FL, Richard A. Macias, Wichita, KS, for Plaintiffs.

Elizabeth Harlenske, Gary E. Rebenstorf, Jay C. Hinkel, Mary A. McDonald, Michael L. North, City of Wichita, Kansas — Law Department, Wichita, KS, for Defendants.

Emily B. Metzger, Office of United States Attorney, Wichita, KS, for Amicus.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter, involving a dispute over the denial of parade permits was tried to the court. Plaintiffs Donna Lippoldt ("Lippoldt") and Phillip Benham ("Benham") bring this action asserting that by denying their submitted parade permits defendants Stephen Cole ("Cole") and Beth Harlenske ("Harlenske") violated the First, Fourth, and Fourteenth Amendments to the United States Constitution and federal law,...

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