TATUM v. MORTON

No. 76-1187.

562 F.2d 1279 (1977)

Lyle TATUM et al., Appellants, v. Rogers C. B. MORTON, Individually and in his official capacity as Secretary, Department of the Interior, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1977.

As Amended August 23, 1977.


Attorney(s) appearing for the Case

James M. Johnstone, Washington, D. C., with whom Ralph J. Temple, Washington, D. C., was on the brief, for appellants.

Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Barbara L. Herwig and Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellee.

Richard W. Barton, Asst. Corp. Counsel for the District of Columbia, Washington, D. C., with whom John R. Risher, Jr., Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, Edward L. Curry and Leo N. Gorman, Asst. Corp. Counsels, Washington, D. C., at the time the brief was filed, were on the brief, for District of Columbia appellees.

Before WRIGHT, LEVENTHAL and WILKEY, Circuit Judges.


Opinion for the court filed by Circuit Judge LEVENTHAL.

Concurring opinion filed by Circuit Judge WILKEY.

LEVENTHAL, Circuit Judge:

This is an appeal from the ruling of the district court on plaintiffs' motion for determination of appropriate damages, expungement of arrest records and other relief.

I. BACKGROUND

On Sunday, April 25, 1971, plaintiffs participated in a peaceful Quaker vigil of prayer on the White House sidewalk. The...

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