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SCHACKMAN v. ARNEBERGH

No. 66-784.

258 F.Supp. 983 (1966)

Harry SCHACKMAN, Joseph Gross, Nathan DeLuca, Harry Pinch, Charles Gray Strieby and Joseph Richard Touart, Petitioners, v. Roger ARNEBERGH, City Attorney for the City of Los Angeles, Evelle J. Younger, District Attorney for the City of Los Angeles, William H. Parker, Chief of Police of the City of Los Angeles, Peter J. Pitchess, Sheriff of the County of Los Angeles, Thomas C. Lynch, Attorney General of the State of California, Municipal Court of the Beverly Hills Judicial District, County of Los Angeles, State of California, Municipal Court of the Los Angeles Judicial District, County of Los Angeles, State of California, and Board of Police Commissioners of the City of Los Angeles, Respondents.

United States District Court C. D. California.

September 27, 1966.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for petitioners.

Harold W. Kennedy, County Counsel, by Irvin C. Taplin, Jr., Deputy County Counsel, Los Angeles, Cal., for respondents Evelle J. Younger, Los Angeles County Dist. Atty., Beverly Hills Municipal Court and Los Angeles Municipal Court.

Roger Arnebergh, City Atty., Robert B. Burns, Asst. City Atty., by George J. Franscell, Deputy City Atty., Los Angeles, Cal., for respondents Los Angeles City Atty. Roger Arnebergh, Los Angeles City Chief of Police William H. Parker, Los Angeles Board of Police Commissioners.

Thomas C. Lynch, Atty. Gen., by A. Barry Cappello, Deputy Atty. Gen., Los Angeles, Cal., for respondent California State Atty. Gen. Thomas C. Lynch.

HAUK, District Judge.

This is an action for declaratory judgment and injunction brought by the owners, operators and employees of so-called "arcade" establishments in Los Angeles and Beverly Hills, California, where petitioners exhibit and sell "nudie" motion picture films. The method of operation is to exhibit the films in small booths, utilizing "peep show" machines which are activated when customers deposit silver coins for metered showings measured in terms of...

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