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LORDI v. UA NEW JERSEY THEATRES, INC.

108 N.J. Super. 19 (1969)

259 A.2d 734

JOSEPH P. LORDI, PROSECUTOR OF ESSEX COUNTY, PLAINTIFF, v. UA NEW JERSEY THEATRES, INC., A NEW JERSEY CORP. AND GROVE PRESS, INC., A NEW YORK CORP., DEFENDANTS. EDWARD J. DOLAN, PROSECUTOR OF MIDDLESEX COUNTY, PLAINTIFF, v. GROVE PRESS, INC., A NEW YORK CORP. AND NGC THEATRE CORPORATION, A DELAWARE CORP., DEFENDANTS. LEO KAPLOWITZ, PROSECUTOR OF UNION COUNTY, PLAINTIFF, v. WOOD PLAZA THEATRE CORPORATION AND GROVE PRESS, INC., A NEW YORK CORP., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 9, 1969.

Attorney(s) appearing for the Case

Mr. Robert L. Podvey, Assistant Prosecutor, for plaintiff Essex County Prosecutor (Mr. Joseph P. Lordi, Prosecutor attorney).

Mr. David J. Monyek, Assistant Prosecutor, for plaintiff Middlesex County Prosecutor (Mr. Edward J. Dolan, Prosecutor, attorney).

Mr. Stanley Kaczorowski and Mr. Fredric Shauger, Assistant Prosecutors, for plaintiff Union County Prosecutor (Mr. Leo Kaplowitz, Prosecutor, attorney).

Mr. Richard L. Amster for all defendants. (Mr. Nathan Lewin of the New York and District of Columbia Bars, of counsel for all defendants; Mr. Douglas S. Liebhafsky of the New York Bar, of counsel for defendant UA New Jersey Theatres, Inc.; Mr. Donald S. Engel of the New York Bar of counsel for defendant NGC Theatre Corporation; Mr. Bernard Kuttner of counsel for defendant Wood Plaza Theatre Corporation).

MINTZ, J.S.C.

In these consolidated proceedings the prosecutors of Essex, Union and Middlesex Counties allege that the motion picture film entitled "I Am Curious (Yellow)" is obscene within the purview of N.J.S.A. 2A:115-1.1 et seq. They seek to enjoin the showing of this film in the theatres in their respective counties. N.J.S.A. 2A:115-3.5. The prosecutor of Bergen County did not file a formal complaint but indicated that he would abide by the...

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