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BENHAM v. CITY OF CHARLOTTE, N.C.

No. 10-1132.

635 F.3d 129 (2011)

Philip BENHAM, as an individual and as a representative of Operation Save America, Inc.; Sheryl Chandler, as an individual and as a representative of Operation Save America, Inc.; Operation Save America, Incorporated, a non-profit corporation, Plaintiffs-Appellants, v. CITY OF CHARLOTTE, NORTH CAROLINA, a political subdivision of the State of North Carolina; Emily Westbrook, in her individual capacity; Keith Parker, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2011.

Attorney(s) appearing for the Case

Frederick Herbert Nelson , American Liberties Institute, Orlando, Florida, for Appellants. Robert Erwin Hagemann , City Attorney's Office, Charlotte, North Carolina, for Appellees.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.

OPINION

KING, Circuit Judge:

In September 2007, Philip Benham, Sheryl Chandler, and Operation Save America (collectively, the "Plaintiffs"), initiated this 42 U.S.C. § 1983 action in the Western District of North Carolina, seeking injunctive relief and damages from the City of Charlotte and two of its officials, Keith Parker and Emily Westbrook (collectively, the "City"). The Plaintiffs alleged in their complaint that two Charlotte ordinances contravene...

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