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ABC BOOKS, INC. v. BENSON

Civ. A. Nos. 5528, 5557.

315 F.Supp. 695 (1970)

ABC BOOKS, INC., Harry Heltsley, and C. L. Butler, individually, and as representatives of the class of persons dealing in literature as a business in Tennessee v. Thomas D. BENSON, Commissioner of Revenue of the State of Tennessee; Buford Ellington, Governor of Tennessee; David M. Pack, Attorney General of the State of Tennessee; Thomas H. Shriver, District Attorney General of Davidson County, Tennessee; and Noel R. Bagwell, District Attorney General of Montgomery County, Tennessee, individually, and as representatives of the class of District Attorneys General of the State of Tennessee; James E. Sewell, Jr., an officer of the police department of the City of Clarksville, Tennessee; and Billy W. Watkins, an investigator with the Office of the District Attorney General of Davidson County, Tennessee, individually, and as representatives of the class of police officers of the State of Tennessee. Arthur SPIVAK v. Thomas H. SHRIVER, District Attorney General, and David M. Pack.

United States District Court, M. D. Tennessee, Nashville Division.

July 15, 1970.

Attorney(s) appearing for the Case

Herbert R. Rich, Philip M. Carden, Nashville, Tenn., Stanley Fleishman, Hollywood, Cal., for plaintiffs in Civ. A. No. 5528.

Thomas E. Fox, Paul E. Jennings, C. Hayes Cooney, Asst. Attys. Gen., State of Tennessee, Nashville, Tenn., for defendants Benson and others.

James C. Cunningham, Frank Runyon, Clarksville Tenn., for defendant Sewell.

Lewis D. Pride, Nashville, Tenn., Frierson M. Graves, Jr., Memphis, Tenn., for plaintiff Spivak.

Thomas E. Fox, Paul E. Jennings, C. Hayes Cooney, Asst. Attys. Gen., State of Tennessee, Nashville, Tenn., Albert D. Noe, Asst. Dist. Atty. Gen., Metropolitan Government, Nashville, Tenn., for defendants Shriver and Pack.

Before COMBS, Circuit Judge, MILLER, Circuit Judge, and GRAY, District Judge.

OPINION

FRANK GRAY, Jr., District Judge.

In these actions plaintiffs seek, inter alia, declaratory judgments that certain Tennessee statutes are unconstitutional and injunctive relief prohibiting their further enforcement. A three-judge District Court was convened pursuant to 28 U.S.C. §§ 2281 and 2284, and, since the actions raise substantially similar questions, they were heard together.

Without detailing the factual situation...

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