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JACOBS v. SULLIVAN

Nos. 61-263-J, 61-264-J.

193 F.Supp. 765 (1961)

Jack JACOBS v. Leo J. SULLIVAN, as he is the Police Commissioner for the City of Boston and Garrett H. Byrne, as he is the District Attorney for the County of Suffolk, State of Massachusetts. INTERSTATE NEWSDEALERS SUPPLY, INC., 1080 Hyde Park Avenue, Boston, Massachusetts. v. Leo J. SULLIVAN, as he is the Police Commissioner for the City of Boston and Garrett H. Byrne, as he is the District Attorney for the County of Suffolk, State of Massachusetts.

United States District Court D. Massachusetts.

April 27, 1961.

Attorney(s) appearing for the Case

Harold Katz, Kaplan & Katz, Boston, Mass., for plaintiffs.

John V. Bonner, Boston, Mass., for defendant Sullivan.

Joseph R. Nolan, Boston, Mass., for defendant Byrne.

Before HARTIGAN, Circuit Judge, and GIGNOUX and JULIAN, District Judges.

GIGNOUX, District Judge.

Plaintiffs brought the present actions in this Court to enjoin defendants from prosecuting criminal proceedings pending against them in the Suffolk County, Massachusetts, Superior Court, charging them with violation of the Massachusetts obscenity statutes, G.L.Mass. c. 272 §§ 28A and 28B, and also to enjoin defendants from using as evidence in any criminal prosecution against plaintiffs...

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