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1 QUESTION: But the town says that it does not have <br />2 anything else to offer. <br />MR. MCDOWELL: That is correct. And if that be the <br />4 case, then it would seem that this Court may well wish to go <br />5 ahead with a final decision on the merits. However, we would <br />6 point out that there are a number of facts that the town has <br />7 asserted in its brief, such as the lack of past use of the <br />8 streets of the Town of Brookfield for picketing, which are not <br />9 currently in the record. <br />10 So if this Court wishes to rely on such facts, it may <br />11 be necessary for a further determination. But based upon the <br />12 facts now in the record, there is in fact evidence sufficient <br />13 to support a preliminary injunction in favor of the picketers <br />14 in this case. <br />15 QUESTION: Weil, if the town wants the issue decided <br />16 on the present record, does that make it a final judgment? <br />17 MR. MCDOWELL; I am not certain of that fact, because <br />1A 1 am not certain of that point. Normally, a preliminary <br />19 injunction is considered a non -final order. And secondly, <br />20 there has not been a square holding on the constitutional issue <br />21 as of yet. Because all that we have at this point is a <br />22 preliminary injunction. A final injunction was never issued. <br />23 The town could have simply allowed a final injunction <br />24 to be issued, in which case there would be no problem with <br />25 finality in this case. It chose not to do so. <br />25 <br />Heritage Reporting Corporation <br />(202) 628-4888 <br />