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

No. 62-710.

156 So.2d 537 (1963)

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

District Court of Appeal of Florida. Third District.

September 17, 1963.

Attorney(s) appearing for the Case

Tobias Simon, Miami, Irma Robbins Feder, Richard Yale Feder, Miami Beach, for appellant.

Richard W. Ervin, Atty. Gen., and Herbert P. Benn, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Joseph Durant and George Orr, Asst. State Attys., for the State.

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

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

CARROLL, Judge.

Proceeding under the Florida obscenity statute, Chapter 847, Fla. Stat., F.S.A., the state attorney sought and obtained an injunction with reference to the book "Tropic of Cancer," written by Henry Miller, restraining the defendant dealer and the intervenor, the publisher Grove Press, Inc., from selling and distributing the book here and from bringing it into this state. The publisher answered denying obscenity and contending the statute violated state...

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