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OESTREICH v. HALE

Civ. A. No. 69-C-566.

321 F.Supp. 445 (1970)

Oscar OESTREICH, Plaintiff, v. Everett B. HALE, Individually and as City Attorney of the City of Manitowoc, Wisconsin; Elmer H. Scherer, Individually and as Chief of Police of the City of Manitowoc, Wisconsin, John L. Krey, Individually and as Mayor of the City of Manitowoc, Wisconsin, Their Agents, Assistants, Successors, Employees, Attorneys, and all Persons Acting in Concert or Cooperation with Them or at Their Direction or Under Their Control, Defendants.

United States District Court, E. D. Wisconsin.

December 7, 1970.

Attorney(s) appearing for the Case

Percy L. Julian, Jr., Madison, Wis., and Robert H. Friebert, Milwaukee, Wis., for plaintiff.

Everett B. Hale, City Atty., Manitowoc, Wis., for defendants.

OPINION AND ORDER

REYNOLDS, District Judge.

This is an action which challenges the constitutionality of an ordinance of the City of Manitowoc, Wisconsin, dealing with "Obscene Pictures and Literature." The plaintiff is employed by an establishment in Manitowoc known as Karmel Korn which sells a wide variety of newspapers and magazines. The defendants are officials of the City of Manitowoc, Wisconsin.

The ordinance at issue is § 14.18 of the...

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