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MEYER v. AUSTIN

No. 69-678-Civ.-J.

319 F.Supp. 457 (1970)

Russ MEYER, Eve Productions, Inc., Jack Vaughan and Jack Vaughan Productions, Inc., Plaintiffs, v. T. Edward AUSTIN, as State Attorney for the Fourth Judicial Circuit in and for the State of Florida, and Dale Carson, as Sheriff of Duval County, Florida, Defendants.

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

Dissenting Opinion July 23, 1970.

As Modified on Denial of Rehearing August 14, 1970.

Attorney(s) appearing for the Case

Robert P. Smith, Jr., Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., and Elmer Gertz, Chicago, Ill., for plaintiffs.

Charles W. Arnold, Asst. State Atty., Jacksonville, Fla., for defendants.

Edward M. Booth, Jacksonville, Fla., for amicus curiae, Citizens for Decent Literature.

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

OPINION

WILLIAM A. McRAE, Jr., District Judge:

Plaintiffs have brought this action seeking injunctive, declaratory, and other relief, and in particular challenging the constitutionality of the Florida obscenity statute, section 847.011.1 A three-judge court was convened pursuant to 28 U.S.C. §§ 2281, 2284, and evidence was taken at the hearing held January 17, 1970. The Court has jurisdiction under 28 U.S.C. §...

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