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WHEELER v. GOODMAN

No. 2431.

298 F.Supp. 935 (1969)

Mrs. Raymond M. WHEELER, Next Friend of Harry Anthony Blackburn; Thomas Richard Bowen, alias Thomas Richard Brown; Wayne Eugene Funderburk; Marcus Corbett Helms; Merita Bridget Hummel; Joy Louise Kelley; Michael Dennis Lee; Jimmy Lee McKinney; Roberta Jean Shaw; Carlton Tadlock; Gay Dawn Smith and Mary Jean Wagner, Plaintiffs, v. J. C. GOODMAN, Jr., as Chief of Police of Charlotte, North Carolina; Robert M. Blackburn, as Clerk of Superior Court, Mecklenburg County, North Carolina; Captain William McCall; Sergeant L. L. McGraw; John Doe et al.; Richard Roe et al.; and Attorney General of North Carolina, Robert Morgan, Defendants.

United States District Court W. D. North Carolina, Charlotte Division.

March 5, 1969.

Attorney(s) appearing for the Case

George S. Daly, Jr., Casey & Daly, Charlotte, N. C., Charles F. Lambeth, Jr., Thomasville, N. C., and Adam Stein, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., for plaintiffs and North Carolina Civil Liberties Union.

Frank B. Aycock, III, G. Patrick Hunter, Jr., Henry W. Underhill, Jr., and William Allen Watts, Charlotte, N. C., for defendants.

Andrew A. Vanore, Jr., Asst. Atty. Gen., of North Carolina, amicus curiae.

MEMORANDUM OF DECISION AND JUDGMENT

McMILLAN, District Judge.

PRELIMINARY SUMMARY

This case was heard on February 13 and 14 and February 20, 1969, upon the petition of the plaintiffs, the "hippies," for injunctive and other relief against the Charlotte Police Department, the vice squad, and others. The court is of the opinion that although the petitioners' conduct under inquiry is fully shown to be unconventional, unproductive and unattractive...

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