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NEW ORLEANS BOOK MART, INC. v. MITCHELL

No. 70-448-Civ-J.

318 F.Supp. 352 (1970)

NEW ORLEANS BOOK MART, INC., et al., Plaintiffs, v. John N. MITCHELL, Attorney General of the United States, et al., Defendants.

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

October 16, 1970.

Attorney(s) appearing for the Case

Norman J. Abood, Abood & Hazouri, Jacksonville, Fla., Robert Eugene Smith, Towson, Md., Jack Peebles, Metairie, La., for plaintiffs.

John L. Briggs, U. S. Atty., by John D. Roberts, Asst. U. S. Atty., Larry E. Butcher, Criminal Division, Dept. of Justice, Washington, D. C., for defendants.

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

OPINION-ORDER

BY THE COURT:

In this action the plaintiffs, all under indictment in various districts for violation of federal obscenity statutes (Title 18, U.S.C. §§ 1461-1465), request injunctive relief prohibiting the prosecution if the pending indictments and the bringing of future indictments against the plaintiffs, as well as a declaration that the above-mentioned statutes are unconstitutional as written and applied.

The defendants...

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