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OUTDOOR AMERICAN CORPORATION v. CITY OF PHILADELPHIA

No. 14697.

333 F.2d 963 (1964)

OUTDOOR AMERICAN CORPORATION, G. & L. Distributors and George A. Rosenbloom, Appellants, v. CITY OF PHILADELPHIA, Howard R. Leary, James C. Crumlish, Jr., the Evening Bulletin, Triangle Publications, Inc., and Columbia Broadcasting System, Inc.

United States Court of Appeals Third Circuit.

Decided June 30, 1964.

Rehearing Denied July 21, 1964.

Certiorari Denied November 9, 1964.

Attorney(s) appearing for the Case

Benjamin Paul, Philadelphia, Pa., for appellants.

Matthew W. Bullock, Jr., Deputy City Sol., Philadelphia, Pa. (James L. Stern, Second Deputy City Sol., Edward G. Bauer, Jr., City Sol., Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN and FORMAN, Circuit Judges, and LEAHY, District Judge.

Certiorari Denied November 9, 1964. See 85 S.Ct. 192.

LEAHY, District Judge.

Plaintiffs are publishers and distributors of nudist magazines and paperback books. In October, 1963, defendants confiscated a large quantity of plaintiffs' publications and arrested and are prosecuting plaintiff Rosenbloom in the Pennsylvania criminal court for violation of the Pennsylvania statute which makes dealing in obscene publications a felony.1

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