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FUQUA v. UNITED STEELWORKERS OF AMERICA (AFL-CIO)

No. 13338.

253 F.2d 594 (1958)

J. T. FUQUA, N. C. Hancock, R. O. Hardy, C. E. Thompson, L. D. McCarley, L. E. Johnson, T. S. Thurmond, and Beldon A. Head, Appellants, v. UNITED STEELWORKERS OF AMERICA (AFL-CIO), an unincorporated association, James E. Payne and George Weakman, and Kentucky State Federation of Labor, an unincorporated association, Sam Ezelle, Secretary-Treasurer, John McKiernan, President, Appellees.

United States Court of Appeals Sixth Circuit.

March 28, 1958.

Attorney(s) appearing for the Case

G. S. Milam, J. Granville Clark, Russellville, Ky., for appellants.

Elliot Bredhoff, Washington, D. C., Herbert L. Segal, Louisville, Ky. (Arthur J. Goldberg, Kenneth A. Meiklejohn, Washington, D. C., Cooper, Mitch & Black, Birmingham, Ala., on the brief), for appellees.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.

STEWART, Circuit Judge.

This is an appeal by the Mayor, Chief of Police, and members of the City Council of Russellville, Kentucky, from a judgment of the district court which permanently enjoined them from enforcing the provisions of an ordinance of that municipality. The ordinance in question, as amended December 4, 1956, makes it a criminal offense for a person to act as a "labor organizer and promoter" or "labor solicitor" in Russellville without securing a license...

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