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DALE BOOK COMPANY v. LEARY

Civ. A. No. 34466.

233 F.Supp. 754 (1964)

DALE BOOK COMPANY, Inc., a Pennsylvania Corporation, Plaintiff, v. Howard R. LEARY, Individually and as Commissioner of Police for the City of Philadelphia, James C. Crumlish, Jr., Individually and as District Attorney for the City of Philadelphia, Martin Weinberg, Individually and as Assistant District Attorney for the City of Philadelphia, Clarence J. Ferguson, Individually and as Commanding Officer and Captain of the Special Investigation Squad of the Police Force of the City of Philadelphia, Edmond Bivens, Individually and as Police Officer with the Special Investigation Squad of the Police Force of the City of Philadelphia, Cecil Satterfield, Individually and as Police Officer with the Special Investigation Squad of the Police Force of the City of Philadelphia, Defendants.

United States District Court E. D. Pennsylvania.

August 12, 1964.

Attorney(s) appearing for the Case

Ethel S. Barenbaum and Herman M. Barenbaum, Philadelphia, Pa., for plaintiff.

Theodore H. Lunine, Asst. City Sol., Philadelphia, Pa., for defendants.

JOHN W. LORD, Jr., J.

Plaintiff, a Pennsylvania Corporation engaged in the wholesale distribution of nudist magazines, has commenced the present injunctive action under the Federal Civil Rights Statutes, 42 U.S.C.A. §§ 1983 and 1985, and 28 U.S.C.A. § 1343. Since all parties are citizens of Pennsylvania, plaintiff's initial attempt to likewise assert diversity jurisdiction was unsuccessful. The asserted...

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