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RAGE BOOKS, INC. v. LEARY

No. 69 Civ. 847.

301 F.Supp. 546 (1969)

RAGE BOOKS, INC., Plaintiff, v. Howard R. LEARY, Police Commissioner of the City of New York, et al., Defendants.

United States District Court S. D. New York.

Rehearing Denied August 15, 1969.

Attorney(s) appearing for the Case

Ralph J. Schwarz, Jr., New York City, for plaintiff.

J. Lee Rankin, Corporation Counsel of City of New York, New York City, for defendants, Leary and Rosette; by Irving Gerstman, Brooklyn, and Douglas J. Besharov, New York City, of counsel.

Frank S. Hogan, Dist. Atty., New York County, New York City; by Michael R. Juviler, New York City, Lewis Friedman and Herman Kaufman, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendant Criminal Court and Supreme Court; by Charles A. La Torrela, Jr., New York City, of counsel.

OPINION

POLLACK, District Judge.

The operator of a retail book store in the Times Square area of New York City sues members of the Police Department, the District Attorney and several State court judges for a declaratory judgment that Section 235.10(1) of the New York Penal Law, McKinney's Consol.Laws, c. 40, which creates a statutory presumption relating to obscenity offenses, is unconstitutional and that Sections...

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