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LUKE RECORDS, INC. v. NAVARRO

No. 90-5508.

960 F.2d 134 (1992)

LUKE RECORDS, INC., a Florida corporation formerly known as Skyywalker Records, Inc., et al., Plaintiffs-Appellants, v. Nick NAVARRO, Sheriff, Broward County, Florida, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 7, 1992.

Attorney(s) appearing for the Case

Bruce Rogow, Ft. Lauderdale, Fla., Allen Jacobi, North Miami, Fla., for plaintiffs-appellants.

Daniel M. Waggoner, Seattle, Wash., for amicus Home Box Office.

John Jolly, Ft. Lauderdale, Fla., for defendant-appellee.

Kevin T. Baine, Williams & Connolly, Washington, D.C., for amicus Recording Industry Assoc. of America, Inc.

Steven F. Reich, Covington & Burling, Seth A. Tucker, Washington, D.C., Larry Corman, Hodgson, Russ, Andrews, Woods & Goodyear, Boca Raton, Fla., for amicus American Civil Liberties Union (ACLU).

Robert T. Perry, Brooklyn, N.Y., for amicus, pro se.

Charles B. Ruttenberg, John T. Mitchell, Washington, D.C., for Nat. Ass'n of Recording.

Before ANDERSON, Circuit Judge, RONEY and LIVELY, Senior Circuit Judges.

PER CURIAM:

In this appeal, appellants Luke Records, Inc., Luther Campbell, Mark Ross, David Hobbs, and Charles Wongwon seek reversal of the district court's declaratory judgment that the musical recording "As Nasty As They Wanna Be" is obscene under Fla. Stat. § 847.011 and the United States Constitution, contending that the district court misapplied the test for determining obscenity. We reverse.

Appellants Luther Campbell, David Hobbs, Mark Ross, and...

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