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United States Ninth Circuit


Gathright v. City of Portland, 04-35402, 05-35506

A permanent injunction against a municipality is vacated where, although the district court properly concluded that defendant infringed plaintiff's First Amendment right to preach by ejecting him from government property, a remand for reconsideration of the injunction was warranted since defendant had repealed and replaced a challenged ordinance.

Appellate Information

  • Decided 02/24/2006
  • Published 02/24/2006

Judges

  • FISHER, Circuit Judge:, Before: FISHER, GOULD and BEA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Harry Auerbach, Office of City Attorney, Portland, OR, for the defendants-appellants., Herbert G. Grey (argued) and Kelly E. Ford, Beaverton, OR, and John M. Lotz, Daehnke & Cruz, Irvine, CA, for the plaintiff-appellee.
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