INTERSTATE CIRCUIT, INC. v. CITY OF DALLAS

No. 23306.

366 F.2d 590 (1966)

INTERSTATE CIRCUIT, INC., et al., Appellants, v. CITY OF DALLAS, Appellee, CITY OF DALLAS, Appellant, v. INTERSTATE CIRCUIT, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 18, 1966.


Attorney(s) appearing for the Case

Grover Hartt, Jr., Tobolowsky, Hartt, Schlinger & Blalock, Dallas, Tex., for appellants.

N. Alex Bickley, City Atty., Ted P. MacMaster, Asst. City Atty., Dallas, Tex., for City of Dallas.

Paul Carrington, Dan McElroy, Dallas, Tex., Carrington, Johnson & Stephens, Dallas, Tex., of counsel, for Columbia Pictures Corporation, Metro-Goldwyn-Mayer, Inc., Paramount Film Distributing Corporation, Twentieth Century-Fox Film Corporation, United Artists Corporation, Universal Film Exchanges, Inc., Warner Bros. Pictures, Distributing Corporation, Distributors.

Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge.


THORNBERRY, Circuit Judge.

The City of Dallas, Texas, passed Ordinance No. 112841 requiring the classification of motion pictures as "suitable" or "not suitable" for young persons. "Young person" is defined as one under under the age of sixteen. In the preamble the ordinance recites the conclusion of the City Council that motion pictures "are one of the contributing causes to juvenile delinquency...

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