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CASTLE NEWS CO. v. CAHILL

No. 78-C-502.

461 F.Supp. 174 (1978)

CASTLE NEWS COMPANY, a Wisconsin Corporation, Plaintiff, v. Jerome CAHILL, District Attorney, Waukesha County, Wisconsin, Edward O'Connor, Sheriff, Waukesha County, Wisconsin, Marlyn E. Fisher, Chief of Police, Village of Butler and their agents, employees, successors in office, assistants, and all others acting in concert or cooperation with them, at their direction or under their control, Defendants.

United States District Court, E. D. Wisconsin.

November 13, 1978.

Attorney(s) appearing for the Case

Stephen M. Glynn, Shellow & Shellow, Milwaukee, Wis., for plaintiff.

Franklyn M. Gimbel, Gimbel, Gimbel & Reilly, Milwaukee, Wis., for Cahill & O'Connor.

Thomas Balistreri, Asst. Atty. Gen., Madison, Wis., for State.

Terrance E. Davczyk, Kasdorf, Dall, Lewis & Swietlik, Milwaukee, Wis., for Fisher.

MEMORANDUM AND ORDER

WARREN, District Judge.

This case involves constitutional attacks on the Wisconsin Obscenity Statute (Wis. Stat. § 944.21) and a seizure of numerous items under an allegedly defective search warrant. Defendants have requested this Court to abstain under the doctrine created in Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). Defendant further moves this Court to dismiss...

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