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CITY OF PHOENIX v. FINE

No. 1 CA-CIV 188.

4 Ariz. App. 303 (1966)

420 P.2d 26

CITY OF PHOENIX, Appellant-Cross Appellee, v. Paul FINE, dba Downtown Bookstore, Appellee-Cross Appellant.

Court of Appeals of Arizona.

November 7, 1966.

Attorney(s) appearing for the Case

Robert J. Backstein, City Atty., by Barry Leverant, Asst. City Atty., for appellant and cross appellee.

Richard J. Hertzberg, Phoenix, for appellee and cross appellant.

DONOFRIO, Judge.

This is an appeal from a judgment of the Superior Court of Maricopa County deciding that under A.R.S. 13-531.01 four magazines were obscene and under A.R.S. 13-535 enjoining the defendant from sale or distribution of them. Four books involved in the trial were not found to be obscene. The plaintiff City appeals the ruling on these books. A cross appeal by the defendant attacks the ruling on the magazines.

Briefly, the facts are: The Assistant...

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