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GROVE PRESS, INC. v. EVANS

Civ. A. No. 355-69-N.

306 F.Supp. 1084 (1969)

GROVE PRESS, INC., a New York corporation, Kenneth W. Andrews, Calvin Tyrone Gray, and Bill-Ken, Inc., a Virginia corporation, t/a Star Twin Indoor Theatre, Plaintiffs, v. Andre EVANS, Commonwealth's Attorney for the City of Virginia Beach, Virginia, and W. R. Davis, Chief of Police for the City of Virginia Beach, Virginia, Defendants.

United States District Court E. D. Virginia, Norfolk Division.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Stanley E. Sacks, Michael R. Caprio, Jr., Sacks, Sacks & Tavss, Norfolk, Va., for plaintiffs.

Robert Y. Button, Atty. Gen., Anthony F. Troy, Asst. Atty. Gen., Richmond, Va., Andre Evans, Commonwealth's Atty. for City of Virginia Beach, Va., for defendants.

Before BUTZNER, Circuit Judge, and KELLAM and MERHIGE, District Judges.

BUTZNER, Circuit Judge:

The owner and exhibitors of the motion picture film, "I Am Curious (Yellow)," seek a declaration that Virginia's obscenity statutes are unconstitutional and an injunction restraining the Commonwealth's Attorney and Chief of Police of the City of Virginia Beach, Virginia, from future prosecutions charging violation of the statutes. The exhibitors originally sued for return of the film, which the Chief of Police had seized, and for an injunction...

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