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RUFF v. MARSHALL

Civ. A. No. 77-61-MAC.

438 F.Supp. 303 (1977)

Lewis RUFF, Sr., Willie Bailey, George Andrews, Tommy Farley, Sr., Thomas L. Daniel and Robert Clemons, Individually and on behalf of all those similarly situated, Plaintiffs, v. James P. MARSHALL, Individually and in his official capacity as Mayor of the City of Eatonton, Billy Wooten, Individually and in his official capacity of Chief of Police for the City of Eatonton, Defendants.

United States District Court, M. D. Georgia, Macon Division.

October 5, 1977.

Attorney(s) appearing for the Case

Laughlin McDonald, Atlanta, Ga., Edward E. Augustine, Athens, Ga., for plaintiffs.

D. D. Veal, Eatonton, Ga., for defendants.

OWENS, District Judge:

This case requires this court to decide the constitutional validity of two ordinances of the City of Eatonton. Ordinance Number 375, Code of the City of Eatonton § 19-9, 10, empowers the Mayor to proclaim an 8:00 P.M. to 6:00 A.M. curfew proscribing individual or group congregation, loitering or mere presence upon private property without the express consent of the owner or upon public property ". . . unless engaged in lawful business,...

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