DELTA BOOK DISTRIBUTORS, INC. v. CRONVICH

Civ. A. Nos. 68-1927, 69-322.

304 F.Supp. 662 (1969)

DELTA BOOK DISTRIBUTORS, INC., Charles S. Rhody, Ronald J. Walker, Fernin J. Farrell, Lawrence P. Pittman, August M. Ledesma, and Harold J. Speiss, Plaintiffs, v. Alwynn J. CRONVICH, Individually and as Sheriff for the Parish of Jefferson, State of Louisiana; Walter Lightell, Individually and as a Captain assigned to the Vice Squad of the Sheriff's Office in the Parish of Jefferson, State of Louisiana; Willard J. Lemoine, Individually and as a Detective assigned to the Vice Squad of the Sheriff's Office in the Parish of Jefferson, State of Louisiana; George Frisch, Individually and as a Detective assigned to the Vice Squad of the Sheriff's Office in the Parish of Jefferson, State of Louisiana; and Salvatore Lentini, Individually and as Marshal of the Town of Kenner, Parish of Jefferson, State of Louisiana, Defendants. August M. LEDESMA, Jr., Harold J. Speiss, and Lawrence P. Pittman, Plaintiffs, v. Leander H. PEREZ, Jr., Individually and as District Attorney for the Twenty-Fifth Judicial District, State of Louisiana; Louis Reichart, Individually and as Captain in the Sheriff's Office in the Parish of St. Bernard, State of Louisiana; George Bethea, Individually and as a Deputy in the Sheriff's Office in the Parish of St. Bernard, State of Louisiana; and Earl Wendling, Individually and as a Deputy in the Sheriff's Office in the Parish of St. Bernard, State of Louisiana, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

Dissenting Opinion September 3, 1969.


Attorney(s) appearing for the Case

Jack Peebles, Metairie, La., for plaintiffs.

A. W. Wambsgans, Metairie, La., James F. Quaid, Jr., New Orleans, La., Charles H. Livaudais, Chalmette, La., for defendants.

Before WISDOM, Circuit Judge, and BOYLE and RUBIN, District Judges.


BOYLE, District Judge:

These actions arise from the arrest by the defendant law enforcement officers in Jefferson1 and St. Bernard2 Parishes, Louisiana, of the individual plaintiffs and the incidental seizures of quantities of publications claimed to be obscene.

Those plaintiffs, residents of the Parishes of Orleans and Jefferson, are the owners and operators of newsstands in both Parishes. The corporate...

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