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UNITED ARTISTS THEATRE CIRCUIT, INC. v. THOMPSON

Civ. A. No. FS-70-C-49.

316 F.Supp. 815 (1970)

UNITED ARTISTS THEATRE CIRCUIT, INC., Plaintiff, v. William Powell THOMPSON, Prosecuting Attorney of Sebastian County, State of Arkansas, and Jim Tittle, Sheriff of Sebastian County, State of Arkansas, Defendants.

United States District Court, W. D. Arkansas, Fort Smith Division.

August 3, 1970.

Attorney(s) appearing for the Case

Bryan & Fitzhugh, Fort Smith, Ark., George Potts, Golden, Burrow, Potts & Boeckman, Dallas, Tex., Peter D. McKenna, Wachtell, Lipton, Rosen & Katz, New York City, for plaintiff.

William Powell Thompson, Fort Smith, Ark., Joe Purcell, Benton, Ark., and Mike Wilson, Little Rock, Ark., for defendants.

Before MEHAFFY, Circuit Judge and HARRIS and WILLIAMS, District Judges.

MEMORANDUM OPINION

PER CURIAM.

On June 5, 1970, three local ministers attended the Minitek Theater at Fort Smith, Arkansas and viewed the showing of the film entitled "The Libertine." They conferred with Honorable Paul Wolfe, Circuit Judge of Arkansas, Judicial Circuit No. 12, and told him what they had seen and that in their opinion it was an obscene film. Judge Wolfe received their written affidavits in addition to their oral report and directed local...

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