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P. A. J. CORP. v. MURPHY

No. 70 Civ. 5094.

320 F.Supp. 704 (1970)

P. A. J. CORP., Plaintiff, v. Patrick MURPHY, Commissioner of the Police Department of the City of New York, and Frank S. Hogan, District Attorney of New York County, Defendants.

United States District Court, S. D. New York.

December 8, 1970.

Attorney(s) appearing for the Case

Jay Goldberg, New York City, Thomas R. Asher, Washington, D. C., for plaintiff.

J. Lee Rankin, Corporation Counsel, City of New York, New York City, for defendant Murphy; Michael Klein, Asst. Corporation Counsel, of counsel.

Frank S. Hogan, Dist. Atty., New York County, New York City, pro se; Donald H. Heller, Asst. Dist. Atty., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, the owner of a theatre, moves for the return of motion picture films which had been exhibited at its theatre, projection and sound equipment and $923 in United States currency, all of which had been seized under a search warrant. The warrant was issued by a judge of the Criminal Court in the City of New York upon the affidavit of a police officer, who described the nature of the films and alleged "probable...

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