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KINGSLEY INTER. PIC. CORP. v. CITY OF PROVIDENCE, R. I.

Civ. A. No. 2292.

166 F.Supp. 456 (1958)

KINGSLEY INTERNATIONAL PICTURES CORPORATION, Plaintiff, v. The CITY OF PROVIDENCE, RHODE ISLAND, Walter H. Reynolds, Mayor of the City of Providence, John B. Dunn, Commissioner of Public Safety of the City of Providence, John A. Murphy, Chief of Police of the City of Providence, George Blessing, Police Lieutenant and Amusement Inspector of the City of Providence, and Joseph C. Scuncio, Chairman and Secretary and Benjamin M. McLyman and John W. Moakler, members of the Bureau of Licenses of the City of Providence, Defendants.

United States District Court D. Rhode Island.

Dissenting Opinion July 14, 1958.

Attorney(s) appearing for the Case

Arthur J. Levy, Providence, R. I., and Ephraim London, Levy, Carroll & Jacobs, New York City, N. Y., for plaintiff.

William E. McCabe, City Solicitor, and Harry Goldstein, Asst. City Solicitor of the City of Providence, Francis D. McManus, Providence, R. I., for defendants.

Before MAGRUDER and HARTIGAN, Circuit Judges, and DAY, District Judge.

HARTIGAN, Circuit Judge.

The plaintiff in its amended complaint alleges six causes of action against the City of Providence and certain officials thereof. The complaint concerns the exhibition in the City of Providence of the motion pictures entitled "And God Created Woman" and "Lady Chatterley's Lover". This case is before us as a district court of three judges under 28 U.S.C. § 2281 following the plaintiff's application...

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