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MTM, INC. v. BAXLEY

No. 73-1119.

420 U.S. 799 (1975)

95 S.Ct. 1278

43 L.Ed.2d 636

MTM, INC., ET AL. v. BAXLEY, ATTORNEY GENERAL OF ALABAMA, ET AL.

Supreme Court of United States.

Decided March 25, 1975.

Attorney(s) appearing for the Case

Robert Eugene Smith argued the cause for appellants. With him on the brief was Gilbert H. Deitch.

Herbert Jenkins, Jr., argued the cause and filed a brief for appellees.*

PER CURIAM.

The State of Alabama brought suit against appellant MTM in state court under the Alabama nuisance law, Ala. Code, Tit. 7, §§ 1081-1108 (1958),1 seeking to enjoin the continued operation of a nuisance by MTM. It alleged that because of convictions for violations of local obscenity laws by the Pussycat Adult Theater, an enterprise owned by MTM in Birmingham, Ala., the theater...

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