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BROADWAY DISTRIBUTORS, INC. v. WHITE

Civ. A. Nos. 69-1025, 69-1040.

307 F.Supp. 1180 (1970)

BROADWAY DISTRIBUTORS, INC., Book Nest Inc., Kozy Book Store, Hub Book Mart Inc., Literature Inc., 200 Book Club Inc., and Mary Gallarelli, and Charles Ferro v. Honorable Kevin WHITE et al. The BOOK MART, INC., a Massachusetts Corporation, Charles Ferro, Jr., and Warren Smoke Shop, Inc., a Massachusetts Corporation v. Kevin WHITE, Individually, and as Mayor of the City of Boston, Edmund L. McNamara, Individually, and as Police Commissioner of the City of Boston, and the City of Boston, a municipal corporation.

United States District Court D. Massachusetts.

January 14, 1970.

Attorney(s) appearing for the Case

John A. Pino, Pino, Busconi & Bonaccorso, Boston, Mass., Robert Eugene Smith, Towson, Md., Alvin Pudlin, Pudlin & Silver, New Britian, Conn., Victor L. Hatem, Lawrence, Mass., for plaintiffs.

John A. Fiske, H. Erik Lund and Noel G. Posternak, Burns & Levinson, Boston, Mass., for defendants.

MEMORANDUM OF OPINION

FRANCIS J. W. FORD, District Judge.

These are two actions to enjoin the enforcement of an ordinance of the City of Boston, and, in C.A. 69-1040-F, for a declaratory judgment that said ordinance is unconstitutional. The ordinance, Chapter 4, Sections 1 and 2, Ordinances of 1969, was passed by the City Council on April 28, 1969, was vetoed by the Mayor on May 16, 1969 and passed by the Council, over the Mayor's veto, on May 27, 1969....

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