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BROWN v. HANER

Civ. A. No. 76-0020(R).

410 F.Supp. 399 (1976)

L. R. BROWN, Jr. and Barbara Ellen Thomas, Plaintiffs, v. Bryon E. HANER et al., Defendants.

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

March 19, 1976.

Attorney(s) appearing for the Case

John H. Kennett, Jr., Roanoke, Va., for plaintiffs.

James N. Kincanon, City Atty., Roanoke, Va., for defendants.

Samuel G. Wilson, Asst. Commonwealth Atty., Roanoke, Va., for amicus curiae.

OPINION AND JUDGMENT

DALTON, District Judge.

Plaintiffs are before the court seeking injunctive relief intended to enjoin enforcement of an ordinance of the City of Roanoke which prohibits the massaging of members of one sex by members of the opposite sex. Jurisdiction is alleged pursuant to 28 U.S.C. § 1343. The relief sought is authorized by 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. Defendants have moved to dismiss the action...

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