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PEDERSON v. BREIER

Civil Action Nos. 71-C-37, 71-C-46.

327 F.Supp. 1382 (1971)

Joe PEDERSON, Individually and as President of Seven Chances, Inc., a Wisconsin Corporation, d/b/a Bang Bang Club, and Debbie Phillips, Plaintiffs, Francine Klinker and John Kondos, Plaintiffs, v. Harold A. BREIER, Individually and as Chief of Police of the City of Milwaukee, Wisconsin, et al., Defendants.

United States District Court, E. D. Wisconsin.

May 25, 1971.

Attorney(s) appearing for the Case

Marvin Resnick, Milwaukee, Wis., for plaintiffs Joe Pederson and others.

William M. Coffey, Milwaukee, Wis., for plaintiffs Francine Klinker and others.

Joseph H. McGinn, Asst. City Atty., Milwaukee, Wis., for defendant Harold A. Breier.

E. Michael McCann, Dist. Atty., and Lee Edward Wells, Asst. Dist. Atty., Milwaukee, Wis., for defendant E. Michael McCann, Individually and as District Attorney for Milwaukee County, for his Agents, etc.

OPINION AND ORDER

REYNOLDS, District Judge.

These two actions involve a challenge to the constitutionality of the Wisconsin disorderly conduct statute, § 947.01(1), Wisconsin Statutes, after criminal prosecution of the plaintiffs had been commenced by the defendants. The plaintiffs are entertainers and proprietors of establishments in Milwaukee, Wisconsin, which feature "topless" dancing as entertainment. Defendants are law enforcement officials of...

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