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DUGGAN v. 807 LIBERTY AVE., INC. et al.

447 Pa. 281 (1972)

Duggan v. 807 Liberty Ave., Inc. et al., Appellants.

Supreme Court of Pennsylvania.

March 20, 1972.

Attorney(s) appearing for the Case

Marjorie Hanson Matson, with her H. David Rothman, for appellants.

D. Michael Fisher, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE EAGEN, March 20, 1972:

By this appeal, we are asked to remove the onus of injunction from appellants who were showing certain motion pictures asserted to be obscene by the District Attorney of Allegheny County. We are impelled to reverse the decree of the lower court because the procedure utilized by the authorities is constitutionally deficient and the fact that the movies may be obscene, and therefore capable of proscription, cannot rescue...

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