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UNITED ARTISTS CORPORATION v. PROSKIN

No. 73-CV-315.

363 F.Supp. 406 (1973)

UNITED ARTISTS CORPORATION, Plaintiff, v. Arnold PROSKIN, Individually and as District Attorney for the County of Albany, State of New York, Defendant.

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

July 31, 1973.

Attorney(s) appearing for the Case

DeGraff, Foy, Conway & Holt-Harris, John C. Rice, Albany, N. Y., and Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Louis Nizer, Gerald F. Phillips, Gerald Meyer, William M. Pinzler, New York City, of counsel, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., by Joseph T. Hopkins and Douglas S. Dales, Jr., Asst. Attys. Gen., of counsel, for defendant.

Before FEINBERG, Circuit Judge, FOLEY, Chief Judge, and PORT, District Judge.

PER CURIAM:

United Artists Corporation, a national film distributor, has brought this action for declaratory and injunctive relief to permit a local exhibitor in Albany, New York,1 to show the motion picture "Last Tango In Paris" without threat of prosecution by the Albany County District Attorney, defendant Proskin, under the New York obscenity statute, N.Y. Penal Law, McKinney's Consol.Laws, c. 40, §§ 235.00-235.15. Jurisdiction...

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