Alex Cooley, Etc. v. William Baer Endictor, Assistant Solicitor of the Criminal Court of Fulton County
Alex COOLEY Et Al., Etc., Plaintiffs-Appellants, v. William Baer ENDICTOR, Assistant Solicitor of the Criminal Court of Fulton County, Et Al., Defendants-Appellees
Opinion of the Court
PER CURIAM:
The district court denied both injunctive and declaratory relief against claimed threatened state court prosecution 1 of the producer and two female performers of a theatrical production “Stomp”. 2 A fourth plaintiff was joined as a member of the theatre-going public.
The trial court entered full findings of fact and conclusions of law, basing its holding primarily upon Boyle v. Landry, 1971, 401 U.S. 77 , 91 S.Ct. 758 , 27 L.Ed.2d 696 , and the other cases composing the Younger v. Harris, 1971, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 , double trilogy of February 23, 1971.
Appellants have not demonstrated error in the proceedings below.
The judgment appealed from is
Affirmed.
. Under Georgia’s indecent exposure statute, Ga.Code Ann. Sec. 26-2105; Ga.L. 1971, page 344.
. The opinion and order of the district court are reported as Cooley et al. v. Endictor et al., N.D.Ga.1971, 340 F.Supp. 15 .
On Rehearing
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Bane is denied.
Combined text as published — syllabus, headnotes and all opinions in one document
458 F.2d 513
Alex COOLEY et al., etc., Plaintiffs-Appellants, v. William Baer ENDICTOR, Assistant Solicitor of the Criminal Court of Fulton County, et al., Defendants-Appellees.
No. 71-3207.
United States Court of Appeals, Fifth Circuit.
April 3, 1972. Rehearing and Rehearing En Banc Denied May 22, 1972.
Morris Brown, Charles Morgan, Jr., Norman Siegel, Emily Carssow, Neil Bradley, Atlanta, Ga., for plaintiffs-appellants.
Thomas E. Moran, Thomas R. Moran, Hinson McAuliffe, Sol. Gen., Criminal Court of Fulton County, Atlanta, Ga., Ralph H. Witt, Henry L. Bowden, Atlanta, Ga., William Baer Endictor, Asst. Sol. Gen., Criminal Court of Fulton County, Atlanta, Ga., for defendants-appellees.
Before BELL, SIMPSON and MORGAN, Circuit Judges.
PER CURIAM:
1
The district court denied both injunctive and declaratory relief against claimed threatened state court prosecution 1 of the producer and two female performers of a theatrical production "Stomp". 2 A fourth plaintiff was joined as a member of the theatre-going public.
2
The trial court entered full findings of fact and conclusions of law, basing its holding primarily upon Boyle v. Landry, 1971, 401 U.S. 77 , 91 S.Ct. 758 , 27 L.Ed.2d 696 , and the other cases composing the Younger v. Harris, 1971, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 , double trilogy of February 23, 1971.
3
Appellants have not demonstrated error in the proceedings below.
4
The judgment appealed from is Affirmed.
5
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
6
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
1
Under Georgia's indecent exposure statute, Ga.Code Ann. Sec. 26-2105; Ga.L. 1971, page 344 2
The opinion and order of the district court are reported as Cooley et al. v. Endictor et al., N.D.Ga.1971, 340 F.Supp. 15
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Cited by 5 cases
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- Robert Alan Jones, Individually, Etc. v. Henry Wade, Individually, Etc., and Frank Dyson, Individually, Etc.
- Sandra Lee Becker, Etc., Richard Guy Steffel v. John R. Thompson, Etc.
- Sandra Lee Becker, Etc., Richard Guy Steffel v. John R. Thompson, Etc.
- Kent Milner D/B/A Belvedere Driving School v. Colonel R. H. Burson, Director of the Georgia Department Public Safety
- M. G. Thevis, T/a Paris Book Stall v. George G. Seibels, Jr., in His Capacity as Mayor of the City of Birmingham
Most recent
- Robert Alan Jones, Individually, Etc. v. Henry Wade, Individually, Etc., and Frank Dyson, Individually, Etc.
- Kent Milner D/B/A Belvedere Driving School v. Colonel R. H. Burson, Director of the Georgia Department Public Safety
- M. G. Thevis, T/a Paris Book Stall v. George G. Seibels, Jr., in His Capacity as Mayor of the City of Birmingham
- Sandra Lee Becker, Etc., Richard Guy Steffel v. John R. Thompson, Etc.
- Sandra Lee Becker, Etc., Richard Guy Steffel v. John R. Thompson, Etc.
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