Whisler v. City of West Plains, Mo.
Decision Date | 06 October 1943 |
Docket Number | No. 12317.,12317. |
Parties | WHISLER et al. v. CITY OF WEST PLAINS, MO., et al. |
Court | U.S. Court of Appeals — Eighth Circuit |
Hayden C. Covington, of Brooklyn, N. Y., for appellants.
No appearance for appellees.
Before SANBORN and RIDDICK, Circuit Judges, and LEMLEY, District Judge.
This appeal is from a judgment dismissing the appellants' complaint in an action which they brought, under the Civil Rights Act, 8 U.S.C.A. § 43, to restrain the appellees from prosecuting them for alleged violations of certain ordinances of the City of West Plains, Missouri. The appellants are members of Jehovah's Witnesses, and the action was instituted by them on their own behalf and on behalf of all Jehovah's Witnesses situated in Howell County, Missouri. In their complaint, the appellants asserted, in effect, that the ordinances in suit, as construed and applied to their activities in distributing religious literature upon the streets and from door to door in the City of West Plains, were violative of their constitutional rights; and that they were suffering, and were threatened with, irreparable injury and had no adequate remedy at law. They asked for an injunction and for a declaration of the invalidity of the ordinances as construed and applied to them. Issues were joined and the case was tried upon a stipulation of facts. The District Court ruled that it had jurisdiction under 28 U.S.C.A. § 41(14), and that the ordinances were not invalid or inapplicable to the appellants' activities. It dismissed their complaint. All of this occurred before the Supreme Court of the United States decided the cases of Murdock v. Pennsylvania, 319 U.S. 105, 63 S.Ct. 870, 87 L. Ed. ___, and Martin v. City of Struthers, 319 U.S. 141, 63 S.Ct. 862, 87 L.Ed. ___ ( ), and the case of Douglas v. City of Jeannette, 319 U.S. 157, 63 S.Ct. 877, 882, 87 L.Ed. ___ ( ). While it is apparent that these decisions of the Supreme Court have left little, if anything, of substance for decision in this case, we are required to determine whether the judgment appealed from shall be affirmed or reversed.
In Douglas v. City of Jeannette, supra, page 163 of 319 U.S., page 881 of 63 S.Ct., 87 L.Ed. ___, the Supreme Court said: ...
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