Opinion · Court of Appeals for the Fifth Circuit

Alex Cooley, Etc. v. William Baer Endictor, Assistant Solicitor of the Criminal Court of Fulton County

458 F.2d 513

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-05-22
Topic
general

PER CURIAM: The district court denied both injunctive and declaratory relief against claimed threatened state court prosecution1 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.

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Cited by
10 opinions
COOLEY v. ENDICTOR,458 F.2d 513(5th Cir. 1972)
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.
Appeal from the United States District Court for the Northern District of Georgia; Sidney O. Smith, Jr., Chief Judge.
Before BELL, SIMPSON and MORGAN, Circuit Judges.
PER CURIAM:
[1] The district court denied both injunctive and declaratory relief against claimed threatened state court prosecution1of the producer and two female performers of a theatrical production "Stomp".2A 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

[5] Affirmed.
[6] ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
[7] 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, (Rule35Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.Page 537
  1. Under Georgia's indecent exposure statute, Ga. Code Ann. See. 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. ↩