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WIENER v. MILLER

No. 72-240-GT.

349 F.Supp. 1073 (1972)

Donald J. WIENER, Plaintiff, v. Edwin L. MILLER, Jr., District Attorney for the County of San Diego, State of California, et al., Defendants.

United States District Court, S. D. California.

October 24, 1972.

Attorney(s) appearing for the Case

Norman R. Atkins, Beverly Hills, Cal., for plaintiff.

Marc Christiansen, Deputy Atty. Gen. of Cal., San Diego, Cal., William J. Howatt, Jr., Deputy Dist. Atty., San Diego County, San Diego, Cal., Vincent Di Figlia, Deputy City Atty., San Diego, Cal., for defendants.

Before CARTER, Senior Circuit Judge, EAST, Senior District Judge, and THOMPSON, District Judge.

MEMORANDUM

PER CURIAM.

The plaintiff for some time past has operated a business, with some five outlets, within San Diego County for the sale to and view by the public of so-called "for adult only" magazines, pictures and motion picture film with projectors.

City and County of San Diego police officers conducted an investigation of the items offered to public purchase and view and the plaintiff was indicted by the Grand Jury of San Diego County for...

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