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CARROLL v. CITY OF ORLANDO

Civ. No. 69-255-Orl.

311 F.Supp. 967 (1970)

William J. CARROLL, and Carroll Amusements, Inc., a Florida corporation, Plaintiffs, v. CITY OF ORLANDO, a Municipal corporation, and Carl T. Langford, Bill C. Ankney, J. Douglas Barnes, Donald L. Crenshaw, and W. M. Sanderlin, City Commissioners; and Robert Chewning, Chief of Police of the City of Orlando, Defendants.

United States District Court, M. D. Florida, Orlando Division.

February 18, 1970.

Attorney(s) appearing for the Case

Robert G. Petree, Bornstein, Petree & Gluckman, Orlando, Fla., for plaintiff.

Egerton K. van den Berg, van den Berg, Gay, Burke & Dyer, Tom Capelle (Police Dept.), Joseph X. DuMond, Jr., Orlando, Fla., for defendants.

C. Andrew Coomes, Orlando, Fla., for City of Orlando and Robert J. Chewning.

Before SIMPSON, Circuit Judge, and McRAE, and YOUNG, District Judges.

SIMPSON, Circuit Judge:

This action arises from the seizure of a single print of the motion picture film, "The Secret Sex Lives of Romeo and Juliet", and the arrest by police of the City of Orlando of the owner and operator of the theatre in which the film was exhibited. The basis of the seizure and arrest was the alleged obscenity of the film under the provisions of City Ordinance Sec. 43.56-1 of the City of Orlando and Florida Statutes, Sections 847.011 and 847...

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