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LOVE v. MAYOR, CITY OF CHEYENNE, WYO.

No. 78-1481.

620 F.2d 235 (1980)

George LOVE, Susan Martinez, and Geneva Hunt, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. MAYOR, CITY OF CHEYENNE, WYOMING and Don Erickson, Individually and in his official capacity as Mayor; City Council of Cheyenne, Wyoming, and James T. Griffith, Individually and in his official capacity as President; and the members, employees, agents and successors of the above, Defendant-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 28, 1980.

Rehearing Denied May 23, 1980.

Attorney(s) appearing for the Case

Stephen L. Pevar, Denver, Colo., for plaintiffs-appellants.

Bert T. Ahlstrom, Jr., Cheyenne, Wyo. (J. Douglas McCalla, Cheyenne, Wyo., with him on the briefs), for defendants-appellees.

Before SETH, Chief Judge, and McKAY and SEYMOUR, Circuit Judges.

SETH, Chief Judge.

Appellant challenged the constitutionality of a city ordinance and prevailed. The ordinance conditioned the offering of religious matter door-to-door upon obtaining a permit. The trial court found unbridled discretion in the sheriff to disapprove such permits and accordingly held the ordinance unconstitutional. Subsequently, appellant filed a motion for an award of reasonable attorney's fees pursuant to 42 U.S.C. § 1988. The trial judge denied...

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