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MILKY WAY PRODUCTIONS, INC. v. LEARY

Nos. 69 Civ. 3638, 3808.

305 F.Supp. 288 (1969)

MILKY WAY PRODUCTIONS, INC., et al., Plaintiffs, v. Howard R. LEARY et al., Defendants. NEW YORK FEED CO., Inc., et al., Plaintiffs, v. Howard R. LEARY et al., Defendants.

United States District Court S. D. New York.

Judgment Affirmed February 27, 1970.

Attorney(s) appearing for the Case

Ralph J. Schwarz, Jr., New York City, for plaintiffs Milky Way Productions, Inc., and another.

Herald Price Fahringer, Buffalo, N. Y., for plaintiffs New York Feed Company, Inc., and another.

J. Lee Rankin, Corporation Counsel of the City of New York for defendant Howard R. Leary; Irving Gerstman, Brooklyn, N. Y., of counsel.

Frank S. Hogan, Dist. Atty. of New York County, pro se; Michael R. Juviler, Herman Kaufman, Asst. Dist. Attys., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York; Charles A. LaTorella, Jr., Asst. Atty. Gen. of the State of New York, of counsel.

Before FEINBERG, Circuit Judge, and MURPHY and FRANKEL, District Judges.

Judgment Affirmed February 27, 1970. See 90 S.Ct. 817.

FRANKEL, District Judge.

This three-judge court has been convened to consider applications for injunctive and other relief by plaintiffs in two consolidated cases who assert that their rights under the First Amendment, as it applies via the Fourteenth, are being infringed by state arrests and prosecutions on obscenity charges.

In one case plaintiffs are Milky Way Productions, Inc., and two of its...

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