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COLEMAN v. WILSON

123 N.J. Super. 310 (1973)

302 A.2d 555

JAMES M. COLEMAN, JR., MONMOUTH COUNTY PROSECUTOR, PLAINTIFF, v. EDWARD N. WILSON, SR. AND C AND V THEATRE CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 21, 1973.

Attorney(s) appearing for the Case

Mr. Malcolm V. Carton, First Assistant Prosecutor, argued the cause for plaintiff (Mr. Frederick J. Kalma, Assistant Prosecutor, on the brief).

Mr. Herbert F. Kassner, of the New York Bar, argued the cause for defendants (Mr. Michael S. Sodowick, Attorney).

Mr. Alfred J. Luciani, Deputy Attorney General, argued the cause for George F. Kugler, Jr., Attorney General of the State of New Jersey, Amicus Curiae (Mr. David S. Baime, Deputy Attorney General, and Mr. Luciani, of counsel and on the brief).

LANE, J.S.C.

Plaintiff, Prosecutor of Monmouth County, instituted this action under N.J.S.A. 2A:115-3.5, seeking injunctive relief to prohibit the further showing of two motion pictures, "Deep Throat" and "Love for Sale", and for surrender of the films to the Sheriff for destruction in accordance with N.J.S.A. 2A:115-3.7. Defendant Wilson is president of C and V Theatre Corporation which had shown the motion pictures to the public on various dates during...

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