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SMITH v. FAIR

No. C73-187.

38 Ohio Misc. 46 (1973)

SMITH ET AL. v. FAIR.

United States District Court for the Northern District of Ohio, Western Division.

Decided August 8, 1973.

Attorney(s) appearing for the Case

Mr. Ted Iorio, Mr. Gilbert H. Deitch and Mr. Lawrence Sturtz, for plaintiff.

Mr. Lawrence S. Huffman, for defendant.

WALINSKI, J.

This cause came to be heard on a petition for habeas corpus filed pursuant to 28 U. S. C., §2254.

Petitioners Smith and Hatfield are the manager and projectionist, respectively, of a theatre in Lima, Ohio, which exhibits material of a sexually explicit nature. Smith was charged in an affidavit filed by Lawrence S. Huffman, Prosecuting Attorney of Allen County, Ohio, with exhibiting obscene material...

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