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BANTAM BOOKS, INC. v. MELKO

14 N.J. 524 (1954)

103 A.2d 256

BANTAM BOOKS, INC., PLAINTIFF-RESPONDENT, v. MATTHEW F. MELKO, PROSECUTOR OF THE PLEAS OF THE COUNTY OF MIDDLESEX IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 8, 1954.

Attorney(s) appearing for the Case

Mr. John B. Molineux argued the cause for the appellant (Mr. J. Randolph Appleby, III, Assistant Prosecutor for Middlesex County, attorney).

Mr. Horace S. Manges, of the New York Bar, argued the cause for the respondent (Mr. Joseph Steiner, attorney).

PER CURIAM.

By the voluntary acts of the plaintiff by submission to conferences before suit, the object of its suit was reduced to restoration of a single publication of the plaintiff, namely, The Chinese Room, to circulation. The defendant prosecutor's defenses were all related by him to laws of this State prohibiting and penalizing the advertising, offering for sale and selling of obscene matter. The Superior Court, Chancery Division, having found that the...

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