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P. A. B., INC. v. STACK

Nos. 77-6322-Civ-SMA and 77-6360-Civ-SMA.

440 F.Supp. 937 (1977)

P. A. B., INC., etc., et al., Plaintiffs, v. Edward STACK, etc., et al., Defendants. ACE ADULT BOOKSTORE, INC. etc., et al., Plaintiffs, v. Edward STACK, etc., et al., Defendants.

United States District Court, S. D. Florida.

October 17, 1977.

Attorney(s) appearing for the Case

Hirschhorn & Freeman, P. A., Norman F. Haft, Miami, Fla., for plaintiffs.

David T. Price, Sydney H. McKenzie, III, City Atty., Fort Lauderdale, Fla., for defendants.

MEMORANDUM OPINION AND ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION

ARONOVITZ, District Judge.

Mr. Justice Brandeis observed in his dissenting opinion in Olmstead v. United States, 277 U.S. 438, 485, 48 S.Ct. 564, 575, 72 L.Ed. 944 (1928):

"In a government of laws, existence of the government will be imperilled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher...

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