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PETO v. COOK

Civ. A. No. 70-57.

339 F.Supp. 1300 (1971)

George PETO, Jr., d/b/a Loop Carry Out, Plaintiff, v. Donald D. COOK, Director, Dept. of Liquor Control, State of Ohio, et al., Defendants.

United States District Court, S. D. Ohio, E. D.

December 6, 1971.

Attorney(s) appearing for the Case

Laurence E. Sturtz, Columbus, Ohio, for plaintiff.

John A. Connor, II, Asst. Atty. Gen. of Ohio, for defendant.

Before PECK, Circuit Judge, and KINNEARY and RUBIN, District Judges.

OPINION

CARL B. RUBIN, District Judge.

Plaintiff, George Peto, Jr., d/b/a Loop Carry Out, seeks a declaration that Section 4301.03(B), Ohio Revised Code, and Regulation LCC-1-52 promulgated thereunder are unconstitutional when employed to confiscate allegedly obscene materials located on plaintiff's premises which are licensed by defendant Department.

The jurisdiction of this Court was properly invoked under Title 28, United States Code, Section...

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