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UNITED STATES v. BLACK

Misc. Crim.

356 F.Supp. 366 (1973)

UNITED STATES of America, Plaintiff, v. Charles C. BLACK and Allendale Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Dewey MICHAELS and Palace Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Benjamin F. ABRAMS and Loew's Teck Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Kenneth BUNFORD and Genesee Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Richard BASFORD and Granada Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Gerald ATTENSON and Fine Arts Theatre, Defendants. UNITED STATES of America, Plaintiff, v. Terry ADAMS and Village Cinema, Defendants. UNITED STATES of America, Plaintiff, v. Richard MYERS and Capri Art Theatre, Defendants.

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

February 8, 1973.

Attorney(s) appearing for the Case

John T. Elfvin, U. S. Atty. (Anne M. Srebro and Roger P. Williams, Asst. U. S. Attys., Buffalo, N. Y., of counsel), for the Government.

Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y. (Michael J. Brown, Buffalo, N. Y., of counsel), for defendants Charles C. Black, Allendale Theatre, Kenneth Bunford, Genesee Theatre, Richard Basford and Granada Theatre.

Kassner & Detsky, New York City (Herbert S. Kassner, New York City, of counsel), Heller & Ramm, Buffalo, N. Y. (Edward Heller, Buffalo, N. Y., of counsel), for defendants Dewey Michaels and Palace Theatre.

Kassner & Detsky, New York City (Herbert S. Kassner, New York City, of counsel), David G. Jay, Buffalo, N. Y., for defendants Benjamin F. Abrams, Loew's Teck Theatre, Terry Adams, Village Cinema, Richard Myers and Capri Art Theatre.

Gilbert H. Deitch, Atlanta, Ga., and Doyle, Diebold & Bermingham, Buffalo, N. Y. (Joseph D. Bermingham, Jr., Buffalo, N. Y., of counsel), for defendant Gerald Attenson.

CURTIN, District Judge.

At approximately 5:00 P.M. on January 31, 1973 the United States Attorney made an ex parte application to this court for orders (1) requiring the defendants to show cause before the United States Magistrate at noon on February 1, 1973 why search warrants should not issue for certain films described in affidavits offered in support of the application, and (2) restraining the defendants from removing the films from the Western District...

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