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LIDO EAST THEATRE CORP. v. MURPHY

No. 72 Civ. 25.

337 F.Supp. 1345 (1972)

LIDO EAST THEATRE CORP., Plaintiff, v. Patrick MURPHY, Individually and as Police Commissioner of the City of New York, et al., Defendants.

United States District Court, S. D. New York.

February 15, 1972.

Attorney(s) appearing for the Case

Kassner & Detsky, New York City, for plaintiff; Herbert S. Kassner, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Murphy; Michael M. Klein, Asst. Corp. Counsel, of counsel.

Frank S. Hogan, Dist. Atty., New York County, New York City, defendant pro se; Hugh Anthony Levine, Asst. Dist. Atty., of counsel.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, Atty. pro se and for defendant Judges of the Criminal Court; Charles A. La Torella, Jr., Asst. Atty. Gen., of counsel.

EDWARD WEINFELD, District Judge.

Plaintiff, an exhibitor of motion picture films, which it describes as "sexually oriented adult films," and which are presumptively protected under the First Amendment of the United States Constitution, commenced this action pursuant to 42 U.S.C., section 1983, for a declaratory judgment that Articles 120, 140 and 690 of the Criminal Procedure Law of New York, relating to arrests and seizures with or without warrants upon a showing...

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