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COLE v. GRAYBEAL

Civ. A. No. 70-C-44-R.

313 F.Supp. 48 (1970)

Tobiah C. COLE, Jr., an infant who sues by his father and next friend, Tobiah C. Cole, Sr., Plaintiff, v. J. Patrick GRAYBEAL, Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

May 21, 1970.

Attorney(s) appearing for the Case

Robert P. Dwoskin, Roanoke Va., for plaintiff.

Walter Ryland, Asst. Atty. Gen., Richmond, Va., for defendant.

OPINION AND JUDGMENT

DALTON, Chief Judge.

On March 10, 1970, the plaintiff was arrested on the campus of Virginia Polytechnic Institute for displaying an American flag sewn across the seat of his trousers. He was charged with violating the Uniform Flag Act of Virginia, §§ 18.1-423 et seq., of the Virginia Code.

On April 14, 1970, the plaintiff was convicted upon these charges by the Montgomery County Court. By appealing to the Circuit Court...

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