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GROVE PRESS, INC. v. STATE EX REL. GERSTEIN

No. 62-710.

152 So.2d 177 (1963)

GROVE PRESS, INC., Appellant, v. STATE of Florida, ex rel. Richard E. GERSTEIN, as State Attorney for the Eleventh Judicial Circuit of Florida in and for Dade County, Florida, and Whelan Drug Co., Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

May 1, 1963.

Attorney(s) appearing for the Case

Tobias Simon, Miami, and Irma Robbins Feder, Miami Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., for the State.

Shapiro & Fried, Miami Beach, for Whelan Drug Co., appellees.

Before CARROLL, HORTON and HENDRY, JJ.

PER CURIAM.

After this appeal was briefed this court set the cause for a preliminary argument on jurisdiction.

The suit was brought by the state attorney in Dade County, under chapter 847, Fla. Stat., F.S.A., the Florida obscenity statute, to enjoin sale and distribution of the book, "Tropic of Cancer," authored by Henry Miller and published by the appellant Grove Press, Inc. In a final decree which granted an injunction...

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