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DYSON v. STEIN

No. 41.

401 U.S. 200 (1971)

91 S.Ct. 769

27 L.Ed.2d 781

DYSON, CHIEF OF POLICE OF DALLAS, ET AL. v. STEIN.

Supreme Court of United States.

Decided February 23, 1971

Reargued November 16, 1970

Attorney(s) appearing for the Case

Lonny F. Zwiener, Assistant Attorney General of Texas, reargued the cause for appellants. With him on the brief were Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Pat Bailey, Executive Assistant Attorney General, Robert C. Flowers, Assistant Attorney General, Henry Wade, pro se, Wilson Johnston, N. Alex Bickley, Thomas B. Thorpe, and Preston Dial.

David R. Richards reargued the cause for appellee. With him on the briefs was Melvin L. Wulf.

Stanley Fleishman filed a brief pro se et al. as amici curiae urging affirmance.

PER CURIAM.

The appellee, Stein, published a bi-weekly newspaper, the Dallas Notes. Stein was charged with two violations of Art. 527, § 1, of the Texas Penal Code, which then prohibited, among other things, the possession of obscene materials.* While these two cases were pending in state courts, Stein brought the present action in a federal district...

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