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ADLER v. POMERLEAU

Civ. A. No. 21502.

313 F.Supp. 277 (1970)

Ira ADLER, an individual t/a District Book Store v. Donald D. POMERLEAU, as Commissioner, Baltimore City Police Department and The Honorable Charles E. Moylan, Jr., in his capacity as State's Attorney for Baltimore City, Jointly and Severally.

United States District Court, D. Maryland.

June 2, 1970.

Attorney(s) appearing for the Case

Robert Eugene Smith and Howard B. Gersh, Baltimore, Md., for plaintiff.

Francis B. Burch, Atty. Gen. of Maryland, Bernard L. Silbert, Asst. Atty. Gen., for defendants.

David Simonson, Asst. State's Atty., for defendant Moylan.

Before SOBELOFF, Circuit Judge, and THOMSEN and NORTHROP, District Judges.

NORTHROP, District Judge.

Plaintiff, the proprietor of an "adult book store" has filed a complaint against the Commissioner of the Baltimore City Police Department and the State's Attorney for Baltimore City, seeking: (1) preliminary and permanent injunctions (a) enjoining defendants from making any arrests or seizures of publications or other material in plaintiff's possession without a prior adversary proceeding on the issue of obscenity, (b) enjoining them from...

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