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MITCHELL BROS. FILM GROUP v. CINEMA ADULT THEATER

No. 76-4251.

604 F.2d 852 (1979)

MITCHELL BROTHERS FILM GROUP and Jartech, Inc., Plaintiffs-Appellants, v. CINEMA ADULT THEATER, a/k/a Cinema 69, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 16, 1979.

Attorney(s) appearing for the Case

Joseph Rhine, Robert L. Thorp, San Francisco, Cal., for plaintiffs-appellants.

Bennie R. Juarez, Joseph M. Revesz, Dallas, Tex., for Bola, Bradford, Rice & Smith.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

This is a copyright infringement suit, arising under the now-superseded Copyright Act of 1909.1 But it is more than the usual commercial contest between copyright holder and alleged infringer. The infringers asserted as an affirmative defense that the copyrighted material — a movie — was obscene, and that, therefore, under the equitable rubric of "unclean...

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