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ALGA, INC. v. CROSLAND

No. 71-2653.

459 F.2d 1038 (1972)

ALGA, INC., et al., Plaintiffs-Appellants, v. David CROSLAND et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 1972.

Attorney(s) appearing for the Case

Robert Eugene Smith, Towson, Md., D. Freeman Hutton, Atlanta, Ga., for plaintiffs-appellants; Ferris Ritchey, Jr., Birmingham, Ala., of counsel.

Joseph D. Phelps, Montgomery, Ala., for defendants-appellees; Hill, Robison, Belser, Brewer & Phelps, Montgomery, Ala., of counsel.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellant Trinkle filed a complaint in the district court on April 8, 1971, seeking to enjoin his further prosecution under Alabama obscenity statutes and a declaratory judgment that such statutes were unconstitutional. It is clear that before a federal court can enjoin a state criminal prosecution, it must be alleged and factually supported that plaintiff is in danger of suffering great and immediate irreparable harm, or that he is being prosecuted in...

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