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CORSICAN PRODUCTIONS v. PITCHESS

No. 19063.

338 F.2d 441 (1964)

CORSICAN PRODUCTIONS, a partnership, et al., Appellants, v. Peter PITCHESS, individually and as Sheriff of the County of Los Angeles, State of California, et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 17, 1964.

Attorney(s) appearing for the Case

Stanley Fleishman, Hollywood, Cal., for appellants.

Harold W. Kennedy, County Counsel, John J. Collins, Deputy County Counsel, Los Angeles, Cal., for appellees.

Before BARNES and BROWNING, Circuit Judges, and FRED M. TAYLOR, District Judge.

BROWNING, Circuit Judge:

Appellants' complaint under the Civil Rights Act, 42 U.S.C.A. § 1983, 28 U.S. C.A. § 1343(3), was dismissed with prejudice on the ground that it did not state a claim upon which relief could be granted.

The complaint alleged that appellants produced a motion picture film titled "Bachelor Tom Peeping," which was not obscene; that various motion picture exhibitors wished to exhibit the film in the County of Los Angeles; that...

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