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PORTA v. MAYOR, CITY OF OMAHA, NEB.

Civ. No. 81-0-572.

593 F.Supp. 863 (1984)

Michael PORTA, Plaintiff, v. MAYOR, CITY OF OMAHA, NEBRASKA; and City of Omaha, Nebraska, Defendants.

United States District Court, D. Nebraska.

August 29, 1984.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., Lenore Andrea Simon, Omaha, Neb., for plaintiff.

James E. Fellows, Deputy City Atty., Omaha, Neb., for defendants.

MEMORANDUM OPINION

RICHARD E. ROBINSON, Senior District Judge.

INTRODUCTION

THIS ACTION stems from the arrest of Michael Porta for violation of the City of Omaha's loitering ordinance. The case is on remand from the United States Court of Appeals for the Eighth Circuit. The parties have filed cross motions for summary judgment asking this Court to determine whether the loitering ordinance passes constitutional muster in light of the Supreme Court...

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