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MISKE v. SPICOLA

No. 69-366-Civ. T.

314 F.Supp. 962 (1969)

Robert G. MISKE, d/b/a Lee Mac's Variety Store, Plaintiff, v. Joseph SPICOLA, in his capacity as States Attorney for the 13th Judicial Circuit of Florida, in and for Hillsborough County, State of Florida, et al., Defendants.

United States District Court, M. D. Florida, Tampa Division.

December 9, 1969.

Attorney(s) appearing for the Case

Edwin P. Krassner, Pinellas Park, Fla., Robert Eugene Smith, Towson, Md., for plaintiff.

Gerald H. Bee, Asst. City Atty., Wm. Reece Smith, Jr., City Atty., Tampa, Fla., for J. G. Littleton.

Michael O'Brien, Resident County Atty., Tampa, Fla., for Joseph Spicola.

Shackleford, Farrior, Stallings & Evans and James E. Thompson, Fowler, White, Gillen, Humkey & Kinney, P. A., Tampa, Fla., for Malcolm Beard.

E. J. Salcines, County Solicitor, Thirteenth Judicial Circuit, Hillsboro, Tampa, Fla.

ORDER

LIEB, Chief Judge.

This cause came on for consideration upon the filing of a Complaint by the Plaintiff, along with a Motion for Preliminary Injunction.

The Court finds that on or about October 15, 1968, law enforcement officers of the City of Tampa entered the business premises of the Plaintiff at 6743 N. Armenia Avenue, Tampa, Florida, and purchased a magazine titled "Modern Girls", Number 11, listing as publishers SVEA Press AB, Stockholm...

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