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ANDERSON v. SHAVER

Civ. No. 7398.

290 F.Supp. 920 (1968)

Roger ANDERSON, Lawrence E. Russell, and Gerald Madison, on behalf of themselves and all others similarly situated, Plaintiffs, v. Paul W. SHAVER, Chief of Police of the City of Albuquerque, New Mexico, Frank Horan, City Attorney of the City of Albuquerque, New Mexico, G. B. Robertson, City Manager of the City of Albuquerque, Pete V. Domenici, Harry E. Kinney, Charles E. Barnhart, Word H. Payne, and Louis E. Saavedra, Members of the City Commission of the City of Albuquerque, New Mexico, Defendants.

United States District Court D. New Mexico.

August 5, 1968.

Attorney(s) appearing for the Case

Paul A. Phillips, Jonathan B. Sutin, Albuquerque, N. M., for plaintiffs.

Frank Horan, City Atty., Albuquerque, N. M., Thomas J. McMahon, Asst. City Atty., City of Albuquerque, and Frank M. Mims, Albuquerque, N. M., for defendants.

MEMORANDUM OPINION

BRATTON, District Judge.

The plaintiffs in the present case were arrested for and convicted of vagrancy and in the present action seek declaratory and injunctive relief against the ordinance1 under which they were prosecuted on the basis that it is unconstitutional both for vagueness and as applied.

On May 16, 1967, the plaintiffs went to Highland High School...

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