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CULLEN v. ESOLA

No. 1954.

21 F.2d 877 (1927)

CULLEN v. ESOLA, U. S. Marshal, et al.

District Court, N. D. California, S. D.

October 7, 1927.

Attorney(s) appearing for the Case

Williams, Kelly & McDonald, Milton Schmitt, and Joseph Connolly, all of San Francisco, Cal., for plaintiff.

Eugene D. Bennett, Asst. U. S. Atty., of San Francisco, Cal., and Albert E. Sheets, Asst. U. S. Atty., of Sacramento, Cal., for defendants.

KERRIGAN, District Judge.

A complaint in equity has been filed by the conductor and operator of the Capitol Theatre in San Francisco, Cal., against the acting United States attorney and others, seeking to restrain them from making arrests and seizing certain motion picture films depicting the Tunney-Dempsey prize fight which took place in Chicago, Ill., on September 22, 1927. A motion to dismiss has been interposed by defendants.

The complaint alleges that...

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