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McCOLLESTER v. CITY OF KEENE, N. H.

Civ. No. 80-472-D.

514 F.Supp. 1046 (1981)

Kathleen McCOLLESTER, a minor, by her father and next friend, Gordon McCollester, and Gordon McCollester, Individually v. The CITY OF KEENE, NEW HAMPSHIRE, Richard Peloquin, Mayor of the City of Keene, Patrick MacQueen, City Manager for the City of Keene, Harold Becotte, Police Chief for the City of Keene.

United States District Court, D. New Hampshire.

May 15, 1981.

Attorney(s) appearing for the Case

Russell F. Hilliard, Jon H. Meyer, NHCLU, Concord, N.H., for plaintiff.

Eugene M. Van Loan, III, Manchester, N.H., for defendant.

OPINION

DEVINE, Chief Judge.

On July 3, 1980, the City of Keene, New Hampshire, adopted the provisions of N.H. RSA 31:43-a et seq., and thereby enacted a juvenile nocturnal ordinance. The ordinance prohibited persons under sixteen years of age from being on the public streets or in a public place after nine o'clock in the evening, the only exception to this prohibition being when the juvenile was accompanied by a parent, guardian, or other suitable...

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