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KOIS v. BREIER

Civ. A. No. 70-C-97.

312 F.Supp. 19 (1970)

John R. KOIS, Plaintiff, v. Harold O. BREIER, Individually and as Chief of Police of the City of Milwaukee, Wisconsin, E. Michael McCann, Individually and as District Attorney of the County of Milwaukee, Wisconsin, Their Agents, Assistants, Successors, Employees, Attorneys and All Persons Acting In Concert or Cooperation With Them or at Their Direction or Under Their Control, Defendants.

United States District Court, E. D. Wisconsin.

May 5, 1970.

Attorney(s) appearing for the Case

James M. Shellow and Robert H. Friebert, Milwaukee, Wis., for plaintiff; Percy L. Julian, Jr., Madison, Wis., of counsel.

John J. Fleming, City Atty., by Thomas E. Hayes and Theophilus C. Crockett, Asst. City Attys., Milwaukee, Wis., for defendant Harold A. Breier.

John Peter Genrich, Asst. Dist. Atty., and William D. Gardner, Deputy Dist. Atty., Milwaukee, Wis., for defendant E. Michael McCann.

OPINION AND ORDER

REYNOLDS, District Judge.

Plaintiff brings this action for declaratory and injunctive relief. He seeks a judgment declaring that the February 13-26, 1970 Vol. 2 No. 26 (#52) issue of the newspaper Kaleidoscope is not obscene as a matter of law, and injunctive relief from alleged threatened prosecution under state obscenity statutes.

Kois is the editor and publisher of the newspaper Kaleidoscope which is sold and distributed in Milwaukee...

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