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BURAK v. COMMONWEALTH OF PENNSYLVANIA

Civ. A. No. 69-1697.

339 F.Supp. 534 (1972)

Marvin BURAK v. COMMONWEALTH OF PENNSYLVANIA et al.

United States District Court, E. D. Pennsylvania.

February 22, 1972.

Attorney(s) appearing for the Case

M. Melvin, Shralow, Villanova, Pa., Benjamin Lerner, and Stephen A. Sheller, Philadelphia, Pa., for plaintiff.

James D. Crawford, Asst. Dist. Atty., for Arlen Specter and Com. of Pa.

George J. Ivins, Second Deputy City Sol. and Levy Anderson, City Sol., Philadelphia, Pa., for Frank L. Rizzo and City of Philadelphia.

Before KALODNER, Circuit Judge, and BODY and DAVIS, District Judges.

OPINION OF THE COURT

BODY, District Judge.

In this purported class action under F.R.Civ.P. 23, plaintiff has brought suit under 42 U.S.C. § 1983 and 28 U.S.C. § 2201 against the above-named defendants for a declaration of the unconstitutionality of certain Pennsylvania statutes in the area of criminal libel, 18 P.S. §§ 4412, 4413 and 4413.11 and for a permanent...

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