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GERSTEIN v. PLEASURE WAS MY BUSINESS

Nos. 61-660, 61-661.

136 So.2d 8 (1961)

Richard E. GERSTEIN, As State Attorney of the Eleventh Judicial Circuit in and for Dade County, Florida, Appellant, v. "PLEASURE WAS MY BUSINESS," As a Book, and Aram P. Goshgarian, As an Individual, the Bookworm, Inc., a Corporation, Herbert Cream, Ed Lewen, Also Known As Edward Lewen, and Harold Lewen, As Individuals, and S. Robert Tralins As an Individual, and Lyle Stuart, As an Individual, Appellees. S. Robert TRALINS, Appellant, v. Richard E. GERSTEIN, As State Attorney of the Eleventh Judicial Circuit in and for Dade County, Florida, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 17, 1962.

Attorney(s) appearing for the Case

Glenn C. Mincer and N. Joseph Durant, Jr., Miami, for Richard E. Gerstein.

Sheldon R. Rosenthal, Tobias Simon, Howard W. Dixon, Daniel Ginsberg and N.J. Durant, Miami, for "Pleasure Was My Business" and others.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

PER CURIAM.

In case #61-660, appellant Gerstein seeks review of an order denying his motion for a summary decree in an action seeking to have the book "Pleasure Was My Business" declared obscene within the meaning of § 847.01, Fla. Stat., F.S.A. It should be noted that we are not here called upon to decide the effect on this or similar cases of Chapter 61-7, Laws of Florida, Regular Session, 1961, which was passed while...

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