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MAGUIN v. MILLER

Civ. A. Nos. 77-1076, 77-1118.

433 F.Supp. 223 (1977)

Eugene MAGUIN, on behalf of himself and all others similarly situated, Plaintiffs, v. Vern MILLER, District Attorney, Kansas Eighteenth Judicial District, and Richard LaMunyon, Chief of Police, Wichita, Kansas Police Department, Defendants. NEXT DOOR CINEMA CORPORATION, d/b/a Calico Cat Cinema, and Starr Enterprises, Inc., d/b/a Circle Cinema, Plaintiffs, v. Vern MILLER, Individually, and as District Attorney, Kansas Eighteenth Judicial District, Stephen M. Joseph, Individually, and as Assistant District Attorney, Kansas Eighteenth Judicial District, Richard LaMunyon, Individually, and as Chief of Police, Wichita, Kansas, Nolan E. Spruill, Steven D. Trainer, and Larry Sanford, Individually, and as members of the Wichita Police Department, Sedgwick County, Kansas, and the City of Wichita, Kansas, Defendants.

United States District Court, D. Kansas.

June 10, 1977.

Attorney(s) appearing for the Case

Michael D. Gragert of Hiebsch, Robbins & Tinker, Wichita, Kan., for Maguin.

John H. Weston of Fleishman, Brown, Weston & Rohde, Beverly Hills, Cal., and James M. Glover, Wichita, Kan., for Next Door Cinema Corp. and Starr Enterprises, Inc.

Theodore H. Hill, R. K. Hollingsworth, James W. Pattinson, Wichita, Kan., for Sedgwick County, Kansas.

Stephen M. Joseph, Asst. Dist. Atty., Wichita, Kan., pro se and for Vern Miller.

S. A. Issinghoff and Gary E. Rebenstorf, Asst. City Attys., Wichita, Kan., for LaMunyon, Spruill, Trainer, Sanford and City of Wichita.

ORDER ON MOTIONS FOR TEMPORARY INJUNCTION AND FOR RESTRAINING ORDER

WESLEY E. BROWN, Chief Judge.

These actions, consolidated for hearings upon motions for temporary restraining orders, arise from the efforts of Vern Miller, District Attorney for the Kansas Eighteenth Judicial District, and the Wichita Police Department, to enforce the Kansas obscenity law, K.S.A. 1976 Supp. 21-4301, prohibiting the promotion of obscenity, a class A misdemeanor.

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