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GROVE PRESS, INC. v. EVANS

Civ. A. No. 355-69-N.

312 F.Supp. 614 (1970)

GROVE PRESS, INC., a New York corporation, Kenneth W. Andrews, Calvin Tyrone Gray and Bill-Ken, Inc., a Virginia corporation, t/a Star Twin Indoor Theatre, Plaintiffs, v. Andre EVANS, Commonwealth's Attorney for the City of Virginia Beach, Virginia, and W. E. Davis, Chief of Police for the City of Virginia Beach, Virginia, Defendants.

United States District Court, E. D. Virginia, Norfolk Division.

March 12, 1970.

Attorney(s) appearing for the Case

Stanley E. Sacks, Sacks, Sacks & Tavss, Michael R. Caprio, Jr., Norfolk, Va., for plaintiffs.

Anthony F. Troy, Asst. Atty. Gen. of Va., Richmond, Va., Andre Evans, Commonwealth's Atty., Virginia Beach, Va., for defendants.

OPINION AND ORDER

KELLAM, District Judge.

In their original and amended complaints, plaintiffs sought to (1) have a three-judge court declare unconstitutional Sections 18.1-227 through 18.1236.4 of the Code of Virginia, 1950, as amended; (2) enjoin defendants from interfering with the exhibition of a film "I Am Curious (Yellow)" prior to a determination that it is obscene; (3) have the aforesaid film, which had been seized, returned; (4) enjoin defendants...

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