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CINE-COM THEATRES EASTERN STATES, INC. v. LORDI

Civ. A. No. 911-72.

351 F.Supp. 42 (1972)

CINE-COM THEATRES EASTERN STATES, INC., Plaintiff, v. Joseph P. LORDI, Essex County Prosecutor and George F. Kugler, Jr., Attorney General of the State of New Jersey, Defendants.

United States District Court, D. New Jersey, Civil Division.

November 20, 1972.

Attorney(s) appearing for the Case

Kassner & Detsky, New York City, for plaintiff; Philip Insabella, Newark, N. J., of counsel.

Joseph P. Lordi, by David S. Baime, Asst. Essex County Prosecutor, Newark, N. J., Alfred J. Luciani, Deputy Atty. Gen., East Orange, N. J., for defendants.

Before JAMES ROSEN, Circuit Judge, and BARLOW and GARTH, District Judges.

OPINION

GARTH, District Judge:

This is an action challenging the Constitutionality of the New Jersey anti-obscenity statute, L.1971, c. 449 (eff. February 16, 1972) (codified at N.J.S. 2A:115-1.1 (Supp.1972)), repealing L. 1962, c. 165, § 1, as amended, L.1966, c. 199. Jurisdiction of the three-judge court is invoked under 42 U.S.C. § 1983 and 28 U.S.C. §§ 1343, 2201, 2202, 2281 and 2284.

Plaintiff, a New York corporation, is...

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