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HOLDING v. NESBITT

Civ. No. 66-144.

259 F.Supp. 694 (1966)

Arthur C. HOLDING, d/b/a Grand News, Plaintiff, v. Charles NESBITT, Oliver Hodge and Buck Cook, individually and as the Oklahoma Literature Commission, Charles Nesbitt, as Attorney General of the State of Oklahoma, and Curtis Harris, individually, and as an officer of the State of Oklahoma, County Attorney of Oklahoma County, Defendants.

United States District Court W. D. Oklahoma.

September 26, 1966.

Attorney(s) appearing for the Case

Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, Okl., Samuel W. Block, Thomas P. Sullivan, Chicago, Ill., for plaintiff.

Charles Nesbitt, Atty. Gen. of Oklahoma, James R. Fuson, Asst. Atty. Gen., for defendants.

D. Luster Cook and Robert N. Naifeh, Assts. Atty. Gen. of Oklahoma, for defendant, Charles Nesbitt.

Granville Scanland, and Curtis Harris, Oklahoma City, Okl., for defendant, Curtis Harris.

Before PICKETT, Senior Circuit Judge, and DAUGHERTY and EUBANKS, District Judges.

EUBANKS, District Judge.

MEMORANDUM OPINION

Plaintiff, a resident and citizen of Oklahoma City and operator of a news stand therein, brought this action for a judgment declaring the Oklahoma Statutes creating the Oklahoma Literature Commission (21 O.S. §§ 1040.1 to 1040.7) to be violative of the Constitution of the United States and for an injunction prohibiting defendants from acting under or enforcing...

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