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SPARROW v. GOODMAN

No. 2988.

361 F.Supp. 566 (1973)

Marvin Ray SPARROW et al., Plaintiffs, v. J. C. GOODMAN, Jr., Chief of Police of Charlotte, North Carolina, et al., Defendants.

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

July 31, 1973.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N.C., and Norman B. Smith, N.C. Civil Liberties Union, Greensboro, N.C., for plaintiffs.

Frank B. Aycock, III, and G. Patrick Hunter, Jr., Charlotte, N.C., for defendants J. C. Goodman, Jr., City of Charlotte, Rudy Torrence, W. R. Leonard, Lt. Robert F. Tilley, Lt. Wade Stroud, G. W. Nesbitt, Maj. Sam Harkey, and all unnamed officers of the Charlotte Police Dept.

Henry W. Underhill, Jr. and W. A. Watts, Charlotte, N.C., for City of Charlotte, N.C.

Harlington Wood, Jr., Asst. Atty. Gen., Washington, D. C., Keith S. Snyder, U. S. Atty., Asheville, N.C., Harland F. Leathers, Washington, D. C., David B. Sentelle, Asst. U. S. Atty., Charlotte, N. C., and Jeffrey F. Axelrad, Washington, D. C., for defendants James Rowley and John H. Grimes, Jr. and all other agents of the United States Secret Service.

Charles A. Lloyd, Asst. Atty. Gen., of N.C., Raleigh, N.C., for defendant Robert M. Blackburn, Clerk of the Superior Court of Mecklenburg County, N.C.

McMILLAN, District Judge.

I.

PRELIMINARY STATEMENT

Plaintiffs brought this action against the federal and local defendants, alleging that they were unconstitutionally arrested and assaulted, and excluded from "Billy Graham Day" at the Charlotte Coliseum, on October 15, 1971. Hearings were conducted; evidence (six hundred pages) was taken; motions were made, briefs were filed; the case is before the court on claims of executive privilege and of...

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