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EVERGREEN REVIEW, INC. v. CAHN

No. 64-C-441.

230 F.Supp. 498 (1964)

EVERGREEN REVIEW, INC., Plaintiff, v. William CAHN, District Attorney, County of Nassau, State of New York, Defendant.

United States District Court E. D. New York.

June 11, 1964.

Attorney(s) appearing for the Case

Rembar & Zolotar, New York City, for plaintiff; Charles Rembar, New York City, of counsel.

Jack B. Weinstein, County Atty., County of Nassau, for defendant; Stephen W. Schlissel, Deputy County Atty., William D. Siegel, Asst. County Atty., Louis J. Lefkowitz, Atty. Gen., of the State of New York, Philip Kahaner, Asst. Atty. Gen., of counsel, for defendant.

Before HAYS, Circuit Judge, and ROSLING and BARTELS, District Judges.

PER CURIAM.

The complaint in this action, brought under the Federal Civil Rights Law (42 U.S.C. § 1983), attacks as unconstitutional the seizure by the District Attorney of Nassau County under Sections 1141 and 1144 of the New York State Penal Law, McKinney's Consol.Laws, c. 40, of approximately 21,000 copies of the magazine "Evergreen Review" claimed to be obscene and pornographic. It seeks injunctive relief, damages and a declaratory judgment of unconstitutionality...

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