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CAPITOL ENTERPRISES, INC. v. CITY OF CHICAGO

No. 12392.

260 F.2d 670 (1958)

CAPITOL ENTERPRISES, INC., a Maryland Corporation, Plaintiff-Appellant, v. CITY OF CHICAGO, a municipal corporation, Richard J. Daley and Timothy J. O'Connor, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

November 6, 1958.

Attorney(s) appearing for the Case

Abner J. Mikva, Milton I. Shadur, Chicago, Ill., for appellant.

John C. Melaniphy, Corp. Counsel, Robert J. Collins, Sydney R. Drebin, Asst. Corp. Counsel, Chicago, Ill., for appellees.

Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.

FINNEGAN, Circuit Judge.

Unless a motion picture be first approved by, and a permit secured from, the Commissioner of Police it is unlawful to exhibit it in any public place within the City of Chicago, Illinois. Sections 155-1 to 155-7, Municipal Code of Chicago, contain the details of such prior restraint and among those provisions the following are relevant here:

"155-4. Such permit shall be granted only after the motion picture film for which said permit...

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